General Comm Adjust v. Burlington N SF Rwy, et al

Federal Civil Lawsuit Colorado District Court, Case No. 1:01-cv-02531-JLK
District Judge John L. Kane, presiding
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District Judge John L. Kane
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Summary

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Parties
No Logo General Committee of Adjustment GO-245, United Transportation Union, Plaintiff

Represented by Berenbaum Weinshienk & Eason, PC

Name Phone Fax E-Mail
Space Michael J. Belo +1 303 825 0800 +1 303 629 7610 mbelo@bw-legal.com
Space Martin D. Buckley +1 303 825 0800 +1 303 629 7610 mbuckley@bw-legal.com

Represented by Law Offices of John O'Brien Clarke , Jr.

Name Phone Fax E-Mail
Space John O'Brien Clarke, Jr. +1 202 296 8500 +1 202 296 7143 jclarke@highsaw.com

Represented by Susan J. Tyburski, Attorney at Law

Name Phone Fax E-Mail
Space Susan Tyburski +1 720 244 1257 stybursk@mines.edu
v.
No Logo Brotherhood of Locomotive Engineers, Defendant

Represented by 1025 Connecticut Avenue, NW

Name Phone Fax E-Mail
Space Michael Stephen Wolly +1 202 857 5000 +1 202 223 8417 mwolly@zwerdling.com

Represented by Buescher, Goldhammer, Kelman & Perera, PC

Name Phone Fax E-Mail
Space Thomas B. Buescher +1 303 333 7751 +1 303 333 7758 tbuescher@laborlawdenver.com
Burlington Northern and Santa Fe Railway Company Burlington Northern and Santa Fe Railway Company, Defendant
Officially listed as "Burlington Northern Santa Fe Railway"

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Charles W. Shewmake +1 817 333 2384 +3332 333 333 2377

Represented by ble.org Law Firm Placeholder

Name Phone Fax E-Mail
Space Harold A. Ross +1 216 861 1313 +1 216 696 4163 haross@ble.org

Represented by Burlington Northern and Santa Fe Railway Company

Name Phone Fax E-Mail
Space David M Pryor +1 817 352 2286 +1 817 352 2399 david.pryor@bnsf.com

Represented by Hall & Evans, LLC

Name Phone Fax E-Mail
Space Walter J. Downing +1 303 628 3300 +1 303 293 3235 downingw@hallevans.com
No Logo General Committee of Adjustment GO-009, Defendant

Represented by ble.org Law Firm Placeholder

Name Phone Fax E-Mail
Space Harold A. Ross +1 216 861 1313 +1 216 696 4163 haross@ble.org

Represented by Guerrieri Edmond Calyman & Bartos PC

Name Phone Fax E-Mail
Space John A. Edmond +1 202 624 7400 +1 202 624 7420 jedmond@geclaw.com
No Logo UNITED TRANSPORTATION UNION, Defendant

Represented by ble.org Law Firm Placeholder

Name Phone Fax E-Mail
Space Harold A. Ross +1 216 861 1313 +1 216 696 4163 haross@ble.org

Represented by Guerrieri Edmond Calyman & Bartos PC

Name Phone Fax E-Mail
Space John A. Edmond +1 202 624 7400 +1 202 624 7420 jedmond@geclaw.com
Space Carmen R. Parcelli +1 202 624 7400 +1 202 624 7420 cparcelli@geclaw.com

Represented by Ste. 700

Name Phone Fax E-Mail
Space Richard R. Rosenblatt +1 303 721 7399 +1 720 528 1220 rrosenblatt@cwa-union.org
Attributes
Office Denver
Filed 12/31/2001
Jury Demand None
Demand $0
Nature of Suit 740 - Labor: Railway Labor Act
Cause Section 45 U.S.C. § 151 Railway Labor Act
Jurisdiction Federal Question
Disposition Statistical Closing
County Jefferson
Terminated 6/28/2005
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag TERMED
Timeline
  Entries (72) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Mail Returned with OCR 67 Filed: 1/14/2008, Entered: 1/15/2008 Mail Returned
Mail Returned as Undeliverable re: [66] Order Addressed to Charles W. Shewmake. (sss, )
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Order with OCR 66 Filed: 1/4/2008, Entered: 1/7/2008 OrderCourt Filing
ORDER OF DISMISSAL: Pursuant to parties' stipulation, case is dismissed with prejudice, each party to bear its own costs. Signed by Judge John L. Kane on 1/4/08. (sss, )
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Stipulation of Dismissal of Case with OCR 65 Filed: 1/3/2008, Entered: 1/3/2008 Stipulation of Dismissal of Case
STIPULATION of Dismissal of Case by All Parties by Plaintiff General Committee of Adjustment GO-245, United Transportation Union. (Attachments: # (1) Appendix Settlement MOA, # (2) Proposed Order (PDF Only))(Clarke, John)
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Brief in Opposition to Motion with OCR 64 Filed: 10/22/2007, Entered: 10/22/2007 Brief in Opposition to Motion
BRIEF in Opposition re [52] MOTION to Consolidate Cases filed by Defendant Brotherhood of Locomotive Engineers. (Wolly, Michael)
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Response to Motion with OCR 63 Filed: 10/22/2007, Entered: 10/22/2007 Response to Motion
RESPONSE to Motion re [52] MOTION to Consolidate Cases filed by Defendant United Transportation Union. (Parcelli, Carmen)
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Response to Motion with OCR 62 Filed: 10/19/2007, Entered: 10/19/2007 Response to Motion
RESPONSE to Motion re [52] MOTION to Consolidate Cases filed by Defendant Burlington Northern Santa Fe Railway. (Downing, Walter)
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Status Report with OCR 61 Filed: 10/19/2007, Entered: 10/19/2007 Status Report
STATUS REPORT by Plaintiff General Committee of Adjustment GO-245, United Transportation Union. (Clarke, John)
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Mail Returned with OCR 60 Filed: 10/15/2007, Entered: 10/15/2007 Mail Returned
Mail Returned as Undeliverable Addressed to Charles W. Shewmake. (jjh, )
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Order on Motion to Continue with OCR 59 Filed: 10/2/2007, Entered: 10/2/2007 Order on Motion to ContinueCourt Filing
Minute ORDER granting [58] Motion to Continue and to Hold this Case in Abeyance. The Court will not act on Plaintiff's Motion to Reopen Case and Schedule Status Conference or otherwise act to reopen this closed case until after October 22, 2007. The deadline for Defendants to respond to Plaintiff's Motion to Consolidate, in which Plaintiffs seek to consolidate this action with Case No. 07-cv-1889-JLK, is also continued until 10/22/07 by Judge John L. Kane on 10/02/07.(jjh, )
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Motion to Continue with OCR 58 Filed: 10/2/2007, Entered: 10/2/2007, Terminated: 10/2/2007 Motion to Continue
Unopposed MOTION to Continue and to Hold Case In Abeyance by Plaintiff General Committee of Adjustment GO-245, United Transportation Union. (Attachments: # (1) Proposed Order (PDF Only) Proposed Order)(Clarke, John)
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Reply to Response to Motion with OCR 57 Filed: 9/28/2007, Entered: 9/28/2007 Reply to Response to Motion
REPLY to Response to Motion re [50] Second MOTION to Reopen Case filed by Plaintiff General Committee of Adjustment GO-245, United Transportation Union. (Attachments: # (1) Affidavit Declaration of Counsel# (2) Exhibit Ex. 1--SBA Agreement# (3) Exhibit Ex. 2--Letter to Arbitrator Re BLET# (4) Exhibit Attachment to Ex. 2# (5) Exhibit Ex. 3--Emails re BLET Participation# (6) Exhibit Ex 4--GO-245 Letter dated 9-19-07)(Clarke, John)
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Reply to Response to Motion with OCR 56 Filed: 9/21/2007, Entered: 9/21/2007 Reply to Response to Motion
REPLY to Response to Motion re [50] Second MOTION to Reopen Case filed by Defendant Brotherhood of Locomotive Engineers. (Buescher, Thomas)
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Response to Motion with OCR 55 Filed: 9/21/2007, Entered: 9/21/2007 Response to Motion
RESPONSE to Motion re [50] Second MOTION to Reopen Case filed by Defendant United Transportation Union. (Attachments: # (1) Exhibit Letter dated September 7, 2007)(Parcelli, Carmen)
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Response to Motion with OCR 54 Filed: 9/21/2007, Entered: 9/21/2007 Response to Motion
RESPONSE to Motion re [50] Second MOTION to Reopen Case filed by Defendant Burlington Northern Santa Fe Railway. (Attachments: # (1) Exhibit A and B)(Downing, Walter)
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Mail Returned with OCR 53 Filed: 9/18/2007, Entered: 9/18/2007 Mail Returned
Mail Returned as Undeliverable re: [51] Minute Order. Addressed to Charles W. Shewmake. (jjh, )
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Motion to Consolidate Cases with OCR 52 Filed: 9/14/2007, Entered: 9/14/2007, Terminated: 1/4/2008 Motion to Consolidate Cases
MOTION to Consolidate Cases by Plaintiff General Committee of Adjustment GO-245, United Transportation Union. (Attachments: # (1) Proposed Order (PDF Only))(Clarke, John)
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Order with OCR 51 Filed: 9/10/2007, Entered: 9/10/2007 OrderCourt Filing
MINUTE ORDER Defendants shall file a response to the Motion by Plaintiff to Reopen the Case and to Schedule a Status Conference (Doc. 50) no later than 09/21/07. Plaintiff may file a reply in support of its motion no later than 09/28/07 by Judge John L. Kane on 09/10/07. (jjh, )
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Motion to Reopen Case with OCR 50 Filed: 9/7/2007, Entered: 9/7/2007, Terminated: 1/4/2008 Motion to Reopen Case
Second MOTION to Reopen Case by Plaintiff General Committee of Adjustment GO-245, United Transportation Union. (Attachments: # (1) Exhibit SBA No. 1155 Award)(Clarke, John)
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Mail Returned with OCR 49 Filed: 1/19/2007, Entered: 1/19/2007 Mail Returned
Mail Returned as Undeliverable re: [47] Order on Motion to Vacate. Addressed to Charles W. Schewmake. (jjh, )
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Mail Returned with OCR 48 Filed: 1/9/2007, Entered: 1/9/2007 Mail Returned
Mail Returned as Undeliverable re: [46] Docket Annotation Addressed to Charles W. Shewmake. (jjh, )
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Order on Motion to Vacate with OCR 47 Filed: 1/2/2007, Entered: 1/2/2007 Order on Motion to VacateCourt Filing
ORDER granting Unopposed Plaintiff's [45] Motion to Vacate the [42] Order of Dismissal of 4/10/06. The Order of 6/28/05 [39] is reinstated. This action is stayed and administratively closed until adjustment board as ruled on dispute or upon good cause shown. Signed by Judge John L. Kane on 1/2/07.(gms, )
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Blank 46 Filed: 12/20/2006, Entered: 12/20/2006 Docket Annotation
Docket Annotation re: [45] Unopposed MOTION to Vacate [42] ORDER OF DISMISSAL and to Reinstate Order Compelling Arbitration by Plaintiff. [Entry modified to add linkage and for clarification]. Text only entry - no document attached. (dln, )
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Motion to Vacate with OCR 45 Filed: 12/19/2006, Entered: 12/19/2006, Terminated: 1/2/2007 Motion to Vacate
Unopposed MOTION to Vacate [42] ORDER OF DISMISSAL and to Reinstate Order Compelling Arbitration by Plaintiff General Committee of Adjustment GO-245, United Transportation Union. (Attachments: # (1) Declaration of Randall S. Knutson# (2) Memorandum of Law # (3) Proposed Order (PDF Only))(Buckley, Martin) (Modified on 12/20/2006 to add linkage and clarify entry) (dln, ).
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Notice of Entry of Appearance with OCR 44 Filed: 12/19/2006, Entered: 12/19/2006 Notice of Entry of Appearance
NOTICE of Entry of Appearance by Michael J. Belo and by Martin D. Buckley on behalf of General Committee of Adjustment GO-245, United Transportation Union (Buckley, Martin)
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Mail Returned with OCR 43 Filed: 4/27/2006, Entered: 4/27/2006 Mail Returned
Mail Returned as Undeliverable re: [42] ORDER OF DISMISSAL addressed to Charles W. Shewmake (dln, )
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Order with OCR 42 Filed: 4/10/2006, Entered: 4/10/2006 OrderCourt Filing
ORDER OF DISMISSAL consistent with [41] STATUS REPORT. This case is dismissed, the parties to bear own costs/fees. Signed by Judge John L. Kane on 4/10/06. (dlb, )
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Status Report with OCR 41 Filed: 3/27/2006, Entered: 3/27/2006 Status Report
STATUS REPORT by Plaintiff General Committee of Adjustment GO-245, United Transportation Union, Defendants Burlington Northern Santa Fe Railway, United Transportation Union, Brotherhood of Locomotive Engineers, General Committee of Adjustment GO-009. (Attachments: # (1) Exhibit Letters)(Downing, Walter)
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Order with OCR 40 Filed: 3/14/2006, Entered: 3/14/2006 OrderCourt Filing
MINUTE ORDER: Status Report due by 3/28/2006 by Judge John L. Kane on 3/14/06. (dlb, )
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Order on Motion to Dismiss/Lack of Jurisdiction with OCR 39 Filed: 6/28/2005, Entered: 6/28/2005 Order on Motion to Dismiss/Lack of JurisdictionCourt Filing
ORDER denying [8] MOTION by defendant Brotherhood Loco Eng to dismiss for lack of jurisdiction; [10] MOTION by defendant Burlington N SF Rwy to dismiss for lack of jurisdiction; [13] MOTION by Dfts United Trans Union, General Committee to dismiss and grant [21] MOTION by plaintiff for partial summary judgment, and for further relief (to hold in abeyance pending use of adjustment board process). I further Order dft GO-009 to participate in appropriate RLA adjustment board proceeding to resolve the dispute. Finally, this action is STAYED and ADMINISTRATIVELY CLOSED until such time as the adjustment board has ruled in this dispute. The parties shall promptly inform this court when the adjustment board issues its decision. Signed by Judge John L. Kane on 6/28/05. (dlb, )
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Blank 38 Filed: 4/28/2004, Entered: 4/29/2004 Notice of Change of Address
NOTICE of Change of law firm name of Brauer, Buescher, Goldhammer, Kelman & Eckert, PC by defendant Brotherhood Loco Eng (dlb)
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Blank 37 Filed: 2/23/2004, Entered: 2/24/2004 Notice of Change of Address
NOTICE of Change of counsel's address of Susan J. Tyburski by plaintiff (dlb)
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Blank 36 Filed: 5/23/2003, Entered: 5/23/2003 Notice of Change of Address
NOTICE of Change of address of Hall & Evans (erv)
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Blank 35 Filed: 6/28/2002, Entered: 7/1/2002 Letter
LETTER to court from defendant United Trans Union re: Supplemental Authority on motion to dismiss [13-1] (former empl)
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Blank 34 Filed: 5/31/2002, Entered: 6/4/2002 Reply to Response to Motion
REPLY by plaintiff to response to motion for partial summary judgment [21-1] (former empl)
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Blank 33 Filed: 5/29/2002, Entered: 5/29/2002 OrderCourt Filing
ORDER by Judge John L. Kane granting motion (to amend) for modification of the briefing schedule [32-1]; modified so Pltf may file its reply to the responses to its Motion for Partial Sum Jgm by 5/31/02 (cc: all counsel) ; entry date : 5/29/02 (former empl)
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Blank 32 Filed: 5/23/2002, Entered: 5/24/2002, Terminated: 5/29/2002 Motion to Amend/Correct/Modify
Unopposed MOTION by plaintiff (to amend) for modification of the briefing schedule (pap)
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Blank 31 Filed: 5/20/2002, Entered: 5/20/2002 Reply to Response to Motion
REPLY by defendant Burlington N SF Rwy to response to motion to dismiss for lack of jurisdiction [10-1] (former empl)
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Blank 30 Filed: 5/15/2002, Entered: 5/15/2002 Reply to Response to Motion
REPLY by Dfts United Trans Union, General Committee to response to motion to dismiss [13-1] (former empl)
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Blank 30 Filed: 5/15/2002, Entered: 5/15/2002 Response to Motion
RESPONSE by Dfts United Trans Union, General Committee to motion for partial summary judgment [21-1] (former empl)
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Blank 29 Filed: 5/15/2002, Entered: 5/15/2002 Response
RESPONSE by Dfts United Trans Union, General Committee to to Pltf's Statement of Undisputed Material Facts (former empl)
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Blank 28 Filed: 5/14/2002, Entered: 5/15/2002 Response to Motion
RESPONSE by defendant Brotherhood Loco Eng to motion for partial summary judgment [21-1] (former empl)
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Blank 28 Filed: 5/14/2002, Entered: 5/15/2002 Reply to Response to Motion
REPLY by defendant Brotherhood Loco Eng to response to motion to dismiss for lack of jurisdiction [8-1] (former empl)
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Blank 27 Filed: 4/23/2002, Entered: 4/24/2002 ~Notice (other)
NOTICE of Change of Law Firm Name by cnsl for defendant Brotherhood Loco Eng (former empl)
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Blank 26 Filed: 4/18/2002, Entered: 4/18/2002 Supplement/Amendment
Letter - SUPPLEMENT by plaintiff to motion response [25-1] (former empl)
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Blank 25 Filed: 4/18/2002, Entered: 4/18/2002 Response to Motion
Opposition (with corrections) by plaintiff to motion to dismiss [13-1], motion to dismiss for lack of jurisdiction [10-1], motion to dismiss for lack of jurisdiction [8-1] (former empl)
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Blank 24 Filed: 4/15/2002, Entered: 4/16/2002 Response to Motion
RESPONSE by plaintiff to motion to dismiss [13-1], motion to dismiss for lack of jurisdiction [10-1], motion to dismiss for lack of jurisdiction [8-1] (former empl)
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Blank 23 Filed: 4/9/2002, Entered: 4/9/2002 OrderCourt Filing
MINUTE ORDER : by Judge John L. Kane granting motion for Further Modification of the Briefing Schedule [20-1]; Pltf's response to the Motions to Dismiss due 4/15/02; reply as well as responses to the Motion for Partial Sum Jgm is due 5/15/02 and Pltf's reply due 5/24/02 (cc: all counsel) ; entry date : 4/9/02 (former empl)
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Blank 22 Filed: 4/8/2002, Entered: 4/8/2002 Brief in Support of Motion
Memorandum by plaintiff in support of motion for partial summary judgment [21-1], motion for further relief [21-2] (former empl)
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Blank 21 Filed: 4/8/2002, Entered: 4/8/2002, Terminated: 6/28/2005 Motion for Partial Summary Judgment
MOTION by plaintiff for partial summary judgment , and for further relief (to hold in abeyance pending use of adjustment board process) (former empl) Modified on 04/26/2002
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Blank 20 Filed: 4/8/2002, Entered: 4/8/2002, Terminated: 4/9/2002 Motion to Amend/Correct/Modify
Unopposed MOTION by plaintiff for Further Modification of the Briefing Schedule (former empl)
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Blank 19 Filed: 3/18/2002, Entered: 3/18/2002 OrderCourt Filing
ORDER by Judge John L. Kane granting motion to Modify the Briefing Schedule [18-1]; Pltf's response to the Motions to Dismiss and its Cross-Motion for Partial Sum Jgm as to the cause of action against Dft Gen Comm of Adj GO-009 are to be filed by 4/8/02; Dfts are to reply and GO-009 is to respond to the Motion for Partial Sum Jgm by 5/8/02; and Pltf is to replyby 5/22/02 (cc: all counsel) ; entry date : 3/18/02 (former empl)
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Blank 18 Filed: 3/18/2002, Entered: 3/18/2002, Terminated: 3/18/2002 Motion to Amend/Correct/Modify
Unopposed MOTION by plaintiff to Modify the Briefing Schedule (former empl)
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Blank 17 Filed: 3/1/2002, Entered: 3/4/2002 OrderCourt Filing
MINUTE ORDER : by Judge John L. Kane regarding [13-1] motion to dismiss, regarding [10-1] motion to dismiss for lack of jurisdiction - response due 3/25/02 and reply due 4/12/02 (cc: all counsel) ; entry date : 3/4/02 (former empl)
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Blank 16 Filed: 3/1/2002, Entered: 3/4/2002 OrderCourt Filing
MINUTE ORDER : by Judge John L. Kane regarding [10-1] motion to dismiss for lack of jurisdiction - response due 3/25/02 and reply due 4/12/02 (cc: all counsel) ; entry date : 3/4/02 (former empl)
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Blank 15 Filed: 2/28/2002, Entered: 2/28/2002 Declaration
DECLARATION of Clinton J. Miller by Dfts United Trans Union, General Committee re: motion to dismiss [13-1], re: brief [14-1] (former empl)
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Blank 14 Filed: 2/28/2002, Entered: 2/28/2002 Brief in Support of Motion
BRIEF by Dfts United Trans Union, General Committee in support of motion to dismiss [13-1] (former empl)
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Blank 13 Filed: 2/28/2002, Entered: 2/28/2002, Terminated: 6/28/2005 Motion to Dismiss
MOTION by Dfts United Trans Union, General Committee to dismiss (former empl)
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Blank 12 Filed: 2/28/2002, Entered: 2/28/2002 Affidavit
AFFIDAVIT of Gene L. Shire re: motion to dismiss for lack of jurisdiction [10-1], re: brief [11-1] (former empl)
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Blank 11 Filed: 2/28/2002, Entered: 2/28/2002 Brief in Support of Motion
BRIEF by defendant Burlington N SF Rwy in support of motion to dismiss for lack of jurisdiction [10-1] (former empl)
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Blank 10 Filed: 2/28/2002, Entered: 2/28/2002, Terminated: 6/28/2005 Motion to Dismiss
MOTION by defendant Burlington N SF Rwy to dismiss for lack of jurisdiction (former empl)
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Blank 9 Filed: 2/22/2002, Entered: 2/22/2002 Brief in Support of Motion
Memorandum of Points and Authorities by defendant in support of motion to dismiss for lack of jurisdiction [8-1] (former empl)
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Blank 8 Filed: 2/22/2002, Entered: 2/22/2002, Terminated: 6/28/2005 Motion to Dismiss
MOTION by defendant Brotherhood Loco Eng to dismiss for lack of jurisdiction (former empl)
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Blank 7 Filed: 2/5/2002, Entered: 2/6/2002 Notice of Attorney Substitution
ATTORNEY SUBSTITUTION: substituting David B. Kiker (not on the docket) and substituting attorney Richard Rosenblatt (former empl)
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Blank 6 Filed: 1/28/2002, Entered: 1/29/2002 OrderCourt Filing
MINUTE ORDER : by Judge John L. Kane granting motion to extend time to 2/28/02 to move or plead to the amd cmp [3-1] to 2/28/02 (cc: all counsel) ; entry date : 1/29/02 (former empl)
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Blank 5 Filed: 1/25/2002, Entered: 1/28/2002 Summons Returned Executed
RETURN OF SERVICE of Summons and Complaint upon defendant General Committee on 1/17/02 (former empl)
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Blank 4 Filed: 1/25/2002, Entered: 1/28/2002 Summons Returned Executed
RETURN OF SERVICE of Summons and Complaint upon defendant Brotherhood Loco Eng on 1/11/02 (former empl)
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Blank 4 Filed: 1/25/2002, Entered: 1/28/2002 Summons Returned Executed
RETURN OF SERVICE of Summons and Complaint upon defendant United Trans Union on 1/10/02 (former empl)
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Blank 4 Filed: 1/25/2002, Entered: 1/28/2002 Summons Returned Executed
RETURN OF SERVICE of Summons and Complaint upon defendant Burlington N SF Rwy on 1/9/02 (former empl)
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Blank 3 Filed: 1/25/2002, Entered: 1/25/2002, Terminated: 1/28/2002 Motion for Extension of Time to File Answer
Unopposed MOTION by defendants to extend time to 2/28/02 to move or plead to the amd cmp (lam)
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Blank 2 Filed: 1/16/2002, Entered: 1/16/2002 Amended Complaint
AMENDED COMPLAINT [1-1] by plaintiff; adding defendant General Committee (former empl)
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Blank 1 Filed: 12/31/2001, Entered: 1/2/2002 Complaint
COMPLAINT for Declaratory Judgment and Injunctive Relief (Summons(es) issued) (bpm)
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Blank -- Filed: 12/31/2001, Entered: 1/2/2002 Filing Fee Received
FILING FEE PAID: on 12/31/01 in the amount of $ 150, receipt # 231450. (bpm)
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