This case was last updated from U.S. District Courts on 01/10/2022 at 18:00:42 (UTC).

Brotherhood of Locomotive Engineers and Trainmen v. Norfolk Southern Railway Company

Case Summary

On 09/30/2021 Brotherhood of Locomotive Engineers and Trainmen filed a Labor - Railway Labor Act lawsuit against Norfolk Southern Railway Company. This case was filed in U.S. District Courts, Ohio Northern District. The Judge overseeing this case is Pamela A. Barker. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-01866

  • Filing Date:

    09/30/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Railway Labor Act

Judge Details

Presiding Judge

Pamela A. Barker

 

Party Details

Counter Defendant and Plaintiff

Brotherhood of Locomotive Engineers and Trainmen

Counter Claimant and Defendant

Norfolk Southern Railway Company

Attorney/Law Firm Details

Counter Defendant and Plaintiff Attorneys

Dimitre James Petroff

Attorney at Wentz, McInerney, Peifer & Petroff

3311 Bear Pointe Circle

Powell, OH 43065

Joshua D. McInerney

Attorney at Wentz, McInerney, Peifer & Petroff

3311 Bear Pointe Circle

Powell, OH 43065

D. James Petroff

4200 Regent Street

Columbus, OH 43219

Counter Claimant and Defendant Attorneys

Dustin M. Dow

Attorney at Baker & Hostetler - Cleveland

127 Public Square

Cleveland, OH 44114

Joseph P. Sirbak, II

Attorney at Cozen O'Connor - Philadelphia

One Liberty Place1650 Market Street

Philadelphia, PA 19103

John B. Lewis

Attorney at Baker & Hostetler - Cleveland

127 Public Square

Cleveland, OH 44114

Andrew J. Rolfes

Attorney at Cozen O'Connor - Philadelphia

One Liberty Place1650 Market Street

Philadelphia, PA 19103

Robert S. Hawkins

Attorney at Cozen O'Connor - Philadelphia

One Liberty Place1650 Market Street

Philadelphia, PA 19103

 

Court Documents

17 #17

Main Document

16 #1

Exhibit Second Declaration of Andrew Shepard

16 #16

Main Document

15 #2

Affidavit Declaration of James Petroff

15 #1

Memorandum in Support of its Motion to Defer Summary Judgment and in Opposition

15 #15

Main Document

10 #8

Exhibit AA-GG Correspondence on 8-25-2021, 9-14-2021, 8-10-2021, 8-19-2021, 9-17

10 #3

Exhibit A-F 1985 UTU, 1986 BLET Source of Supply Agreements, Two Flowback Agreem

10 #1

Brief in Support of Motion for Summary Judgment as to Plaintiff's Complaint

3 #5

Exhibit 5 8-25-21 Ltr from BLET General Chairman L.R. Fannon

3 #4

Exhibit 4 8-20-21 Ltr from NSR to Dehart

3 #3

Main Document

2 #1

Magistrate Consent Form

2 #2

Main Document

1 #3

Proposed Summons

1 #2

Exhibit A - Fully Executed 2015 NSR/BLET Agreement

1 #1

Civil Cover Sheet

1 #1

Main Document

49 More Documents Available

 

Docket Entries

  • 01/03/2022
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  • Docket(#17) Reply in support of #15 Motion to stay Motion for Summary Judgment filed by Brotherhood of Locomotive Engineers and Trainmen. (Attachments: #1 Affidavit 2nd Declaration of L. Randy Fannon)(Petroff, Dimitre) (Entered: 01/03/2022)

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  • 12/27/2021
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  • Docket(#16) Reply in support of #10 Motion for summary judgment and Memorandum in Support of Motion for Summary Judgment and in Opposition to Plaintiffs Motion to Defer Summary Judgment filed by Norfolk Southern Railway Company. (Attachments: #1 Exhibit Second Declaration of Andrew Shepard)(Lewis, John) (Entered: 12/27/2021)

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  • 12/16/2021
  • DocketOrder [non-document] The Court RESETS the in-person evidentiary hearing regarding Plaintiff's Motion for Preliminary Injunction to February 15, 2022 at 9:00 am in Courtroom 16A. Judge Pamela A. Barker on 12/16/2021. (P,K) (Entered: 12/16/2021)

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  • 12/13/2021
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  • Docket(#15) Motion to stay Motion for Summary Judgment filed by Plaintiff Brotherhood of Locomotive Engineers and Trainmen. Related document(s) #5 , #10 . (Attachments: #1 Memorandum in Support of its Motion to Defer Summary Judgment and in Opposition to Motion for Summary Judgment, #2 Affidavit Declaration of James Petroff)(Petroff, Dimitre) (Entered: 12/13/2021)

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  • 12/13/2021
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  • DocketOrder [non-document] granting #14 Plaintiff's Motion for Extension of Time to File Response to #10 Defendant's Motion for Summary Judgment. Judge Pamela A. Barker on 12/13/2021.(P,K) (Entered: 12/13/2021)

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  • 12/10/2021
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  • Docket(#14) Unopposed Motion for extension of time until 12-13-2021 to file response/reply to #10 Motion for summary judgment and Memorandum in Support filed by Plaintiff Brotherhood of Locomotive Engineers and Trainmen. Related document(s) #10 . (McInerney, Joshua) (Entered: 12/10/2021)

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  • 12/06/2021
  • DocketOrder [non-document] The Court shall conduct an in-person evidentiary hearing regarding Plaintiff's Motion for Preliminary Injunction on December 29, 2021 at 9:00 am in Courtroom 16A. Judge Pamela A. Barker on 12/6/2021. (P,K) (Entered: 12/06/2021)

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  • 11/29/2021
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  • DocketOrder [non-document]granting Defendant's Motion for appearance pro hac vice by attorney Andrew J. Rolfes for Norfolk Southern Railway Company. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #9 ). Judge Pamela A. Barker on 11/29/2021.(P,K) (Entered: 11/29/2021)

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  • 11/29/2021
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  • DocketOrder [non-document]granting Defendant's Motion for appearance pro hac vice by attorney Robert S. Hawkins for Norfolk Southern Railway Company. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #8 ). Judge Pamela A. Barker on 11/29/2021.(P,K) (Entered: 11/29/2021)

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  • 11/17/2021
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  • Docket(#13) Reply in support of #5 Motion for preliminary injunction filed by Brotherhood of Locomotive Engineers and Trainmen. (Attachments: #1 Exhibit A - Declaration of L. R. Fannon, #2 Exhibit B - Declaration of J. Ball, #3 Exhibit C - Declaration of T. Pontolillo)(Petroff, Dimitre) (Entered: 11/17/2021)

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5 More Docket Entries
  • 11/02/2021
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  • DocketOrder [non-document]granting Defendant's Motion for appearance pro hac vice by attorney Joseph P. Sirbak, II for Norfolk Southern Railway Company,Joseph P. Sirbak, II for Norfolk Southern Railway Company. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #7 ). Judge Pamela A. Barker on 11/2/2021.(P,K) (Entered: 11/02/2021)

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  • 10/29/2021
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  • Docket(#7) Motion for attorney Joseph P. Sirbak, II to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11109289, filed by Counter-Claimant Norfolk Southern Railway Company, Defendant Norfolk Southern Railway Company. (Attachments: #1 Affidavit of Joseph P. Sirbak, II in Support of Motion for Admission Pro Hac ViceI)(Lewis, John) (Entered: 10/29/2021)

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  • 10/28/2021
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  • Docket(#6) Answer to Defendant's Counterclaim filed by Brotherhood of Locomotive Engineers and Trainmen. Related document(s) #3 . (McInerney, Joshua) (Entered: 10/28/2021)

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  • 10/27/2021
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  • Docket(#5) Motion for preliminary injunction filed by Plaintiff Brotherhood of Locomotive Engineers and Trainmen. (Attachments: #1 Memorandum in Support of Plaintiff's Motion for Preliminary Injunctive Relief, #2 Proposed Order)(Petroff, Dimitre) (Entered: 10/27/2021)

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  • 10/12/2021
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  • Docket(#4) Attorney Appearance by Dustin M. Dow filed by on behalf of Norfolk Southern Railway Company. (Dow, Dustin) (Entered: 10/12/2021)

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  • 10/07/2021
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  • Docket(#3) Answer to #1 Complaint, and, Counterclaim against Brotherhood of Locomotive Engineers and Trainmen by Norfolk Southern Railway Company filed by Norfolk Southern Railway Company. (Attachments: #1 Exhibit 1 Pub. L. Bd. 4417 Award 32, #2 Exhibit 2 Pub. L. Bd. 5811 Award 76, #3 Exhibit 3 8-11-21 Ltr from BLE General Chairman Dewayne L. Dehart, #4 Exhibit 4 8-20-21 Ltr from NSR to Dehart, #5 Exhibit 5 8-25-21 Ltr from BLET General Chairman L.R. Fannon, #6 Exhibit 6 9-14-21 Ltr from BLET General Chairman J. Sturdivant)(Lewis, John) (Entered: 10/07/2021)

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  • 09/30/2021
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  • Docket(#2) Original Summons and Magistrate Consent Form issued to counsel for service upon Norfolk Southern Railway Company. (Attachments: #1 Magistrate Consent Form) (M,MT) (Entered: 09/30/2021)

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  • 09/30/2021
  • DocketRandom Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge David A. Ruiz. (M,MT) (Entered: 09/30/2021)

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  • 09/30/2021
  • DocketJudge Pamela A. Barker assigned to case. (M,MT) (Entered: 09/30/2021)

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  • 09/30/2021
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  • Docket(#1) Complaint with jury demand against Norfolk Southern Railway Company. Filing fee paid, $402.00. Receipt # AOHNDC-11061080. Filed by Brotherhood of Locomotive Engineers and Trainmen. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Fully Executed 2015 NSR/BLET Agreement, #3 Proposed Summons) (M,MT) (Entered: 09/30/2021)

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