| Date Filed |
Document # |
Attachment # |
Short Description |
Long Description |
Upload date |
SHA1 hash |
| 1995-12-29 |
1 |
0 |
Complaint |
COMPLAINT (Filed with: Appendix 1 [containing Counts 1 to 11] and Appendix 2 [containing Counts 2 to 26) FILING FEE $120, RECEIPT #040660. Answer due on 2/27/96. (FE) |
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| 1995-12-29 |
2 |
0 |
Case Assigned/Reassigned |
Notice of assignment to Judge John P. Wiese. Copy to parties. (FE) |
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| 1996-01-04 |
3 |
0 |
Order |
ORDER entered re: (1) Directing parties to confer and arrange for preliminary status conference; (2) Identifying requirements for conference; and (3) Precluding filing of dispositive motions until after conference has been held ( signed by Judge John P. Wiese ) Copy to parties. (HW) |
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| 1996-01-17 |
4 |
0 |
Notice of Appearance |
NOTICE of Attorney Appearance for USA by Benjamin C. King Jr. Service : 1/17/96 (FE) |
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| 1996-02-21 |
5 |
0 |
Motion for Extension of Time |
MOTION by USA (Service: 2/21/96) to Extend Time to respond to the complaint [to April 27, 1996]. (FE) |
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|
| 1996-02-28 |
6 |
0 |
Order |
ORDER granting [5-1] motion to Extend Time to respond to the complaint and reset Answer deadline to 4/29/96 (signed by Judge John P. Wiese). Copy to parties. (FE) |
|
|
| 1996-04-29 |
7 |
0 |
Motion for Extension of Time |
MOTION by USA (Service: 4/29/96) to Extend Time to respond to complaint [to May 27, 1996]. (FE) |
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|
| 1996-05-02 |
8 |
0 |
Order |
ORDER granting [7-1] motion to Extend Time to respond to complaint and reset Answer deadline to 5/28/96 (signed by Judge John P. Wiese). Copy to parties. (FE) |
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|
| 1996-05-30 |
9 |
0 |
Notice of Appearance |
NOTICE of Attorney Appearance for USA by Terry Trone Coles. Service: 5/30/96. (FE) |
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| 1996-05-28 |
10 |
0 |
Motion for Extension of Time |
MOTION by USA (Service: 5/28/96) to Extend Time to respond to the complaint [to June 27, 1996]. (FE) |
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|
| 1996-05-30 |
11 |
0 |
Order |
ORDER granting [10-1] motion to Extend Time to respond to the complaint and reset Answer deadline to 6/27/96 (signed by Judge John P. Wiese). Copy to parties. (FE) |
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|
| 1996-06-27 |
12 |
0 |
Motion for Extension of Time |
MOTION by USA (Service: 6/27/96) to Extend Time to respond to the complaint until 7/3/96. Response due: 7/15/96 (FE) |
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|
| 1996-07-01 |
13 |
0 |
Order |
ORDER granting [12-1] motion to Extend Time to respond to the complaint reset Answer deadline to 7/3/96 ( signed by Judge John P. Wiese ). Copy to parties. (FE) |
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| 1996-07-03 |
14 |
0 |
Answer |
ANSWER to Complaint by USA (contains OFFSET). Service: 7/3/96 ( JPSR due 8/20/96 ) (FE) |
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| 1996-07-22 |
15 |
0 |
Additional Documentation |
Additional Documentation [reply to the offset in defendant's answer] by CSX CORPORATION INC. Service: 7/22/96 (FE) |
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| 1996-09-06 |
16 |
0 |
Joint Preliminary Status Report |
JOINT PRELIMINARY STATUS REPORT by leave of the Judge. (FE) |
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| 1996-10-17 |
17 |
0 |
Order |
ORDER re: Status Conference for 2:30pm, 11/14/96 ( signed by Judge John P. Wiese ) Copy to parties. (HW) |
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| 1996-11-12 |
18 |
0 |
Order |
ORDER reset Status Conference for 2:30 p.m. on 11/19/96 (signed by Judge John P. Wiese). Copy to parties. (FE) |
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| 1996-11-20 |
19 |
0 |
Order |
ORDER set Discovery deadline to 4/30/97 (signed by Judge John P. Wiese). Copy to parties. (FE) |
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| 1996-12-02 |
20 |
0 |
Transcript |
TRANSCRIPT of proceedings re:Status Conference, 1 volume, at Washington, D.C., for date of November 19, 1996. Notice to parties. (FE) |
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|
| 1996-12-17 |
21 |
0 |
Motion for Extension of Time |
MOTION by USA (Service: 12/17/96) to Extend Time to respond to discovery requests [to January 17, 1997]. (FE) |
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| 1996-12-30 |
22 |
0 |
Order |
ORDER granting [21-1] motion to Extend Time to respond to discovery requests and reset Interrogatories deadline to 1/17/97 (signed by Judge John P. Wiese). Copy to parties. (FE) |
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|
| 1997-02-21 |
23 |
0 |
Motion for Extension of Time |
MOTION by CSX CORPORATION INC. (Service: 2/20/97) to Extend Time to respond to discovery requests [to March 28, 1997]. (FE) |
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|
| 1997-02-25 |
24 |
0 |
Order |
ORDER granting [23-1] motion to Extend Time to respond to discovery requests and reset Interrogatories deadline to 3/28/97 (signed by Judge John P. Wiese). Copy to parties. (FE) |
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|
| 1997-03-27 |
25 |
0 |
|
JOINT MOTION by CSX CORPORATION INC., BALTIMORE AND OHIO, FRUIT GROWERS, USA to modigy discovery schedule . (FE) |
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| 1997-04-10 |
26 |
0 |
|
JOINT MOTION by CSX CORPORATION INC., BALTIMORE AND OHIO, FRUIT GROWERS and USA to supplement the [25-1] joint motion to modify the discovery schedule (FE) |
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| 1997-04-14 |
27 |
0 |
Notice of Appearance |
NOTICE of Attorney Appearance for USA by Benjamin C. King Jr. Service : 4/14/97 (HW) |
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| 1997-04-11 |
28 |
0 |
Order |
ORDER granting [25-1] joint motion to modify discovery schedule ( signed by Judge John P. Wiese ) Copy to parties. (HW) |
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| 1997-06-27 |
29 |
0 |
|
JOINT MOTION for modification of the discovery schedule . (DS) |
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| 1997-07-01 |
30 |
0 |
Order |
ORDER granting [29-1] joint motion for modification of the discovery schedule ( signed by Judge John P. Wiese ) Copy to parties. (DS) |
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| 1997-08-27 |
31 |
0 |
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JOINT MOTION by CSX CORPORATION INC., BALTIMORE AND OHIO, FRUIT GROWERS, USA for further modification of the discovery schedule . (HW) |
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|
| 1997-08-28 |
32 |
0 |
Order |
ORDER granting [31-1] joint motion for further modification of the discovery schedule reset Discovery deadline to 1/26/99 ( signed by Judge John P. Wiese ) Copy to parties. (DS) |
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|
| 1998-04-06 |
33 |
0 |
Motion for Miscellaneous Relief |
JOINT MOTION by CSX CORPORATION INC., BALTIMORE AND OHIO, FRUIT GROWERS, USA for modification of the discovery schedule. (JT) |
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| 1998-04-08 |
34 |
0 |
Order |
ORDER granting [33-1] motion for modification of the discovery schedule. ( signed by Judge John P. Wiese ) Copy to parties. (JT) |
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|
| 1998-04-21 |
35 |
0 |
Motion for Extension of Time |
MOTION by USA (Service : 4/21/98 ) to Extend Time to respond to Plaintiff's Second Set of Interrogatories and Requests for Production of Documents [to June 11, 1998]. Response due: 5/8/98 (JT) |
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| 1998-04-22 |
36 |
0 |
Order |
ORDER granting [35-1] motion to Extend Time to respond to Plaintiff's Second Set of Interrogatories and Requests for Production of Documents. Reset Defendant's responses to Plaintiffs' Second Set of Interrogatories and Requests for Production of Documents deadline to 6/11/98. ( signed by Judge John P. Wiese ) Copy to parties. (JT) |
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|
| 1998-06-19 |
37 |
0 |
Motion for Miscellaneous Relief |
MOTION by USA (Service: 6/19/98) modification of the discovery schedule , (deadlines set forth in the schedule be modified by extending them for 45 days). Response due: 7/6/98. (HW) |
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| 1998-06-23 |
38 |
0 |
Order |
ORDER granting [37-1] motion modification of the discovery schedule. ( signed by Judge John P. Wiese ) Copy to parties. (JT) |
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|
| 1998-07-27 |
39 |
0 |
Motion for Extension of Time |
MOTION by USA (Service: 7/27/98) to Extend Time within which to respond to proposed stipulations aaand to submit additional proposed findings of fact , (until August 11, 1998) and to Extend Time within which to respond to he defendant's responses aand additional proposals , (until September 27, 1998). Response due: 8/17/98 (HW) |
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| 1998-07-29 |
40 |
0 |
Order |
ORDER granting [39-1] motion to Extend Time within which to respond to proposed stipulations and to submit additional proposed findings of fact . Brief deadline to 8/11/98 ( signed by Judge John P. Wiese ) Copy to parties. (HW) |
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|
| 1998-08-07 |
41 |
0 |
Motion to Amend/Correct |
MOTION by USA (Service : 8/7/98 ) to Amend the discovery schedule so that all deadlines are extended by 30 days. Response due: 8/24/98 (JT) |
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| 1998-08-11 |
42 |
0 |
Order |
ORDER granting [41-1] motion to Amend the discovery schedule so that all deadlines are extended by 30 days. ( signed by Judge John P. Wiese ) Copy to parties. (HW) |
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| 1998-09-10 |
43 |
0 |
Motion for Miscellaneous Relief |
MOTION by USA (Service : 9/10/98 ) for modification of the discovery schedule so that all deadlines are extended by 30 days Response due: 9/29/98 (CDC) |
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| 1998-09-11 |
44 |
0 |
Order |
ORDER granting [43-1] motion for modification of the discovery schedule so that all deadlines are extended by 30 days. Reset Defendant's proposed findings of fact and response to Plaintiffs' proposed stipulations of fact to 10/13/98 and reset Discovery deadline to 2/25/99. ( signed by Judge John P. Wiese ) Copy to parties. (JT) Modified on 09/17/1998 |
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| 1998-10-13 |
45 |
0 |
Motion for Miscellaneous Relief |
MOTION by USA (Service : 10/13/98 ) for modification of the discovery schedule , (extend all discovery deadlines by 10 days). Response due: 10/30/98. (HW) Modified on 10/15/1998 |
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| 1998-10-13 |
46 |
0 |
Order |
ORDER granting [45-1] motion for modification of the discovery schedule. Reset Defendant's proposed findings of fact and response to Plaintiffs' proposed stipulations of fact to 10/27/98 and reset Discovery deadline to 3/11/99. ( signed by Judge John P. Wiese ) Copy to parties. (JT) |
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| 1998-10-23 |
47 |
0 |
Motion for Miscellaneous Relief |
MOTION by USA (Service : 10/23/98 ) for modification of the discovery schedule . Response due: 11/23/98. (FE) |
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|
| 1998-10-29 |
48 |
0 |
Motion for Miscellaneous Relief |
MOTION by USA (Service: 10/29/98) for modification of the discovery schedule. , (to extend all deadlines 5 days). Response due: 11/19/98. (HW) Modified on 11/04/1998 |
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| 1998-10-27 |
49 |
0 |
Order |
ORDER granting [47-1] motion for modification of the discovery schedule. Reset Defendant's proposed findings of fact and response to the Plaintiffs' proposed stipulations of fact deadline to 11/4/98 and reset Discovery deadline to 3/19/99. ( signed by Judge John P. Wiese ) Copy to parties. (JT) |
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|
| 1998-10-30 |
50 |
0 |
Order |
ORDER granting [48-1] motion for modification of the discovery schedule. reset Brief deadline to 11/9/98 for completion of defendant's proposed findings of fact, etc. , reset Discovery deadline to 3/24/99 ( signed by Judge P. Wiese ) Copy to parties. (DS) |
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|
| 1998-11-03 |
51 |
0 |
Motion for Extension of Time |
MOTION by USA (Service : 11/3/98 ) to Extend Time to respond to proposed stipulations and to submit the proposed findings of fact , (until November 6, 1998). Response due: 12/4/98. (FE) |
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|
| 1998-11-05 |
52 |
0 |
Order |
ORDER granting [51-1] motion to Extend Time to respond to proposed stipulations and to submit the proposed findings of fact . Notice of Compliance deadline to 11/6/98 . ( signed by Judge John P. Wiese ) Copy to parties. (FE) |
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|
| 1998-11-10 |
53 |
0 |
Motion for Miscellaneous Relief |
MOTION by USA (Service : 11/10/98 ) for modification of the discovery schedule. Response due: 11/30/98 (JT) |
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| 1998-11-13 |
54 |
0 |
Order |
ORDER granting [53-1] motion for modification of the discovery schedule. ( signed by Judge John P. Wiese ) Copy to parties. (FE) |
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|
| 1998-12-02 |
55 |
0 |
Proposed Findings of Uncontroverted Fact |
PROPOSED FINDINGS of Uncontroverted Fact by USA (filed by leave of the Judge) Service: 11/30/98. (FE) |
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| 1998-12-11 |
56 |
0 |
Motion to Amend/Correct |
MOTION by USA (Service : 12/11/98 ) to amend the discovery schedule. Response due: 12/28/98 (JT) |
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|
| 1998-12-16 |
57 |
0 |
Order |
ORDER granting [56-1] motion to amend the discovery schedule ( signed by Judge John P. Wiese ). Copy to parties. (FE) |
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|
| 1999-01-15 |
58 |
0 |
Motion for Miscellaneous Relief |
JOINT MOTION by CSX CORPORATION INC., BALTIMORE AND OHIO, FRUIT GROWERS, USA for further modification of the discovery schedule. (JT) |
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|
| 1999-01-21 |
59 |
0 |
Order |
ORDER granting [58-1] motion for further modification of the discovery schedule ( signed by Judge John P. Wiese ). Copy to parties. (FE) |
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|
| 1999-03-17 |
60 |
0 |
|
JOINT MOTION by CSX CORPORATION INC., BALTIMORE AND OHIO, FRUIT GROWERS, USA for further modification of the discovery schedule . (FE) |
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|
| 1999-03-18 |
61 |
0 |
Order |
ORDER granting [60-1] joint motion for further modification of the discovery schedule. Set Notice of Compliance deadline to 5/3/99 for the parties joint stipulation of facts and reset discovery to 7/27/99. ( signed by Judge John P. Wiese ) Copy to parties. (JT) Modified on 03/24/1999 |
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| 1999-04-30 |
62 |
0 |
|
JOINT MOTION to Extend Time for parties to agree upon stipulations of fact and to adjust the other deadlines in the discovery schedule and supplemental discovery schedule accordingly. (to June 2, 1999 for parties to agree on stipulations) (DS) |
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| 1999-05-03 |
63 |
0 |
Order |
ORDER granting [62-1] joint motion to Extend Time for parties to agree upon stipulations of fact and to adjust the other deadlines in the discovery schedule and supplemental discovery schedule accordingly. Reset Notice of Compliance deadline to 6/2/99 for the parties to agree on stipulations of fact. ( signed by Judge John P. Wiese ) Copy to parties. (JT) |
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| 1999-05-28 |
64 |
0 |
|
JOINT MOTION by CSX CORPORATION INC., BALTIMORE AND OHIO, FRUIT GROWERS and USA for further modification of the discovery schedule . (FE) |
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|
| 1999-06-02 |
65 |
0 |
Order |
ORDER granting [64-1] joint motion for further modification of the discovery schedule. Reset Notice of Compliance deadline to 7/2/99 for the parties to agree upon stipulations of fact and reset discovery deadline to 8/26/99. ( signed by Judge John P. Wiese ) Copy to parties. (JT) |
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|
| 1999-07-01 |
66 |
0 |
Motion for Miscellaneous Relief |
JOINT MOTION by CSX CORPORATION INC., BALTIMORE AND OHIO, FRUIT GROWERS, USA for further modification of the discovery schedule. (Enlarge to August 1, 1999, the deadline for the parties to agree upon stipulations of fact and to enlarge other deadlines by a similar period). (JT) |
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|
| 1999-07-06 |
67 |
0 |
Order |
ORDER granting [66-1] motion for further modification of the discovery schedule. Reset Notice of Compliance deadline to 8/2/99 for the parties to agree upon stipulations and reset discovery deadline to 9/27/99. ( signed by Judge John P. Wiese ) Copy to parties. (JT) |
|
|
| 1999-08-02 |
68 |
0 |
Motion to Amend/Correct |
MOTION by USA (Service: 8/2/99) to Amend the discovery schedule . Response due: 8/19/99. (FE) |
|
|
| 1999-08-03 |
69 |
0 |
Order |
ORDER granting [68-1] motion to amend the discovery schedule. Reset Notice of Compliance deadline to 9/1/99 for the parties to agree on a stipulation of facts and reset discovery deadline to 10/27/99. ( signed by Judge John P. Wiese ) Copy to parties. (JT) |
|
|
| 1999-09-01 |
70 |
0 |
|
JOINT MOTION by CSX CORPORATION INC., BALTIMORE AND OHIO, FRUIT GROWERS and USA for modification of the discovery schedule . (FE) |
|
|
| 1999-09-02 |
71 |
0 |
Order |
ORDER granting [70-1] joint motion for modification of the discovery schedule. Reset Notice of Compliance deadline to 10/1/99 for the parties to agree on a stipulation of facts. ( signed by Judge John P. Wiese ) Copy to (JT) |
|
|
| 1999-09-30 |
72 |
0 |
Motion for Extension of Time |
MOTION by USA (Service: 9/29/99) to Extend Time to agree on a stipulation of facts , (until November 1, 1999). (FE) |
|
|
| 1999-10-01 |
73 |
0 |
Order |
ORDER granting [72-1] motion to Extend Time to agree on a stipulation of facts. Reset Notice of Compliance deadline to 11/1/99 for the parties to agree on a stipulation of facts. ( signed by Judge John P. Wiese ) Copy to parties. (JT) |
|
|
| 1999-11-02 |
74 |
0 |
|
JOINT MOTION by CSX CORPORATION INC., BALTIMORE AND OHIO, FRUIT GROWERS and USA for modification of the discovery schedule . (FE) |
|
|
| 1999-11-04 |
75 |
0 |
Order |
ORDER granting [74-1] joint motion for modification of the discovery schedule. ( signed by Judge John P. Wiese ) Copy to parties. (JT) |
|
|
| 1999-12-10 |
76 |
0 |
Motion to Amend/Correct |
JOINT MOTION by CSX CORPORATION INC., BALTIMORE AND OHIO, FRUIT GROWERS, USA to Amend the discovery schedule. (JT) |
|
|
| 1999-12-14 |
77 |
0 |
Order |
ORDER granting [76-1] motion to Amend the discovery schedule. Reset the deadlines remaining after the parties' agreement on a stipulations of facts to 1/28/00. signed by Judge John P. Wiese ) Copy to parties. (JT) Modified on 12/21/1999 |
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|
| 2000-01-28 |
78 |
0 |
Motion for Miscellaneous Relief |
MOTION by CSX CORPORATION INC. (Service : 1/27/00 ) for further modification of the discovery schedule. (enlarge to February 27, 2000, remaining deadlines after the parties' agreement on a stipulation of facts) Response due: 2/14/00 (DS) |
|
|
| 2000-02-01 |
79 |
0 |
Order |
ORDER granting [78-1] motion for further modification of the discovery schedule (signed by Judge John P. Wiese). Copy to parties. (FE) |
|
|
| 2000-02-29 |
80 |
0 |
Motion to Stay |
JOINT MOTION by CSX CORPORATION INC., BALTIMORE AND OHIO, FRUIT GROWERS, USA to stay proceedings. (JT) |
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|
| 2000-03-01 |
81 |
0 |
Order |
ORDER granting [80-1] motion to stay proceedings. Set Defendant's Status Report deadline to 5/30/00 and every 90 days thereafter. ( signed by Judge John P. Wiese ) Copy to parties. (JT) |
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|
| 2000-05-30 |
82 |
0 |
Status Report |
STATUS REPORT by USA. Service: 5/30/00 (JT) |
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|
| 2000-12-27 |
83 |
0 |
Status Report |
JOINT STATUS REPORT by CSX CORPORATION INC., BALTIMORE AND OHIO, FRUIT GROWERS, and USA, filed by leave of the Judge. Service: 12/27/00. (HW) |
|
|
| 2001-02-07 |
84 |
0 |
Order |
ORDER vacating [81-2] order (signed by Judge John P. Wiese ). Copy to parties. (FE) |
|
|
| 2001-03-01 |
85 |
0 |
|
JOINT MOTION by CSX CORPORATION INC., BALTIMORE AND OHIO, FRUIT GROWERS, USA to Extend Time within which to modify briefing schedule , (14 days for each filing listed in paragraph 4 of parties joint status report) and For leave to exceed the page limitation (principal briefs - 110 pages reply briefs - 40 pages) (HW) Modified on 07/02/2001 |
|
|
| 2001-03-02 |
86 |
0 |
Order |
ORDER granting [85-1] joint motion to Extend Time within which to modify briefing schedule and granting [85-2] joint motion For leave to exceed the page limitation (signed by Judge John P. Wiese). Copy to parties. (FE) |
|
|
| 2001-03-30 |
87 |
0 |
Motion for Summary Judgment |
MOTION by CSX CORPORATION INC., BALTIMORE AND OHIO, FRUIT GROWERS (Service by hand: 3/30/01 ) for Summary Judgment . Response due: 5/18/01. Filed together with two separately bound appendix. (HW) Modified on 04/02/2001 |
|
|
| 2001-03-30 |
88 |
0 |
Stipulation |
Stipulation of facts filed by CSX CORPORATION INC., BALTIMORE AND OHIO, FRUIT GROWERS, USA. (DS) |
|
|
| 2001-05-15 |
89 |
0 |
Motion for Extension of Time |
MOTION by USA (Service : 5/15/01 ) to Extend Time of the remaining deadlines set forth in the parties' joint motion to exceed page limitation and to modify briefing schedule, filed on March 1, 2001 , (by 20 days). Response due: 6/1/01. (HW) |
|
|
| 2001-05-16 |
90 |
0 |
Order |
ORDER granting [89-1] motion to Extend Time of the remaining deadlines set forth in the parties' joint motion to exceed page limitation and to modify briefing schedule, filed on March 1, 2001 Response to [87-1] motion for Summary Judgment and cross motion for summary judgment is due on 6/7/01 , Reply to Response to Motion and response to cross motion is due on 7/22/01 for [87-1] motion for Summary Judgment ,and Defendant's reply Brief is due on 8/13/01 (signed by Judge John P. Wiese). Copy to parties. (LTD) |
|
|
| 2001-06-05 |
91 |
0 |
Motion for Extension of Time |
MOTION by USA (Service: 6/5/01) to Extend Time of the remaining dates in the briefing schedule requests an extention of 14 days. Response due: 6/22/01. (FE) |
|
|
| 2001-06-05 |
92 |
0 |
Order |
ORDER granting [91-1] motion to Extend Time of the remaining dates in the briefing schedule (signed by Judge John P. Wiese). Copy to parties. (LTD) |
|
|
| 2001-06-21 |
93 |
0 |
Motion to Amend/Correct |
MOTION by USA (Service: 6/21/01) to Amend briefing schedule . (Defendant's cross motion filing 6/29/01; Plaintiff's response 8/20/01 and Defendant's reply 8/31/01). Response due: 7/9/01. (LTD) |
|
|
| 2001-06-22 |
94 |
0 |
Order |
ORDER granting [93-1] motion to Amend briefing schedule Defendant's Cross Motions deadline is 6/29/01 , Plaintiff's response is due on 8/20/01 , and Defendant's reply Brief deadline is 8/31/01 (signed by Judge John P. Wiese). Copy to parties. (LTD) |
|
|
| 2001-06-29 |
95 |
0 |
Cross Motion |
CROSS MOTION, together with a separate volume of appendix, by USA (Service: 6/29/01) and RESPONSE to [87-1] motion for Summary Judgment by FRUIT GROWERS, BALTIMORE AND OHIO, CSX CORPORATION INC. Response due: 8/20/01 (DS) Modified on 07/02/2001 |
|
|
| 2001-08-20 |
96 |
0 |
Response to Motion |
RESPONSE by CSX CORPORATION INC., BALTIMORE AND OHIO and FRUIT GROWERS (Service by hand: 8/20/01) to [95-1] cross motion, filed with a (1) one volume appendix. Reply due: 8/31/01. (FE) |
|
|
| 2001-08-29 |
97 |
0 |
Motion for Extension of Time |
MOTION by USA (Service : 8/29/01 ) to Extend Time within which to file a reply brief , (until September 12, 2001). (HW) |
|
|
| 2001-08-30 |
98 |
0 |
Order |
ORDER granting [97-1] motion to Extend Time within which to file a reply brief Reply to Response to Motion reset to 9/12/01 for [95-1] cross motion (signed by Judge John P. Wiese). Copy to parties. (LTD) |
|
|
| 2001-09-12 |
99 |
0 |
Motion for Extension of Time |
MOTION by USA (Service : 9/12/01 ) to Extend Time within which to file its reply brief , (until September 26, 2001). Response due: 10/1/01 (HW) |
|
|
| 2001-09-13 |
100 |
0 |
Order |
ORDER granting [99-1] motion to Extend Time within which to file its reply brief Reply to Response to Motion reset to 9/26/01 for [95-1] cross motion (signed by Judge John P. Wiese). Copy to parties. (HW) |
|
|
| 2001-09-26 |
101 |
0 |
Motion for Extension of Time |
MOTION by USA (Service: 9/26/01) to Extend Time to file reply brief until 10/4/01. Response due: 10/15/01. (LTD) |
|
|
| 2001-09-27 |
102 |
0 |
Order |
ORDER granting [101-1] motion to Extend Time to file reply brief Reply to Response to Motion reset to 10/4/01 for [95-1] cross motion (signed by Judge John P. Wiese). Copy to parties. (LTD) Modified on 10/02/2001 |
|
|
| 2001-10-05 |
103 |
0 |
Reply to Response to Motion |
REPLY by USA to response to [95-1] cross motion. Service: 10/4/01. Filed by leave of the Judge. (LTD) |
|
|
| 2001-11-06 |
104 |
0 |
Motion for Leave to File |
MOTION by CSX CORPORATION INC. (Service: 11/6/01) for Leave to file supplemental response to Defendant's reply to the cross-motion for Summary Judgment . Response due: 11/26/01. (LTD) |
|
|
| 2001-11-15 |
105 |
0 |
Order |
ORDER granting [104-1] motion for Leave to file supplemental response to Defendant's reply to the cross-motion for Summary Judgment (signed by Judge John P. Wiese). Copy to parties. (LTD) |
|
|
| 2001-11-15 |
106 |
0 |
Response |
SUPPLEMENTAL RESPONSE by CSX CORPORATION INC. to [103-1] motion reply by USA. Service: 11/6/01. (LTD) |
|
|
| 2002-01-22 |
107 |
0 |
Order |
ORDER oral argument set for 2:30 p.m. on 2/14/02 for [95-1] cross motion and for [87-1] motion for Summary Judgment (signed by Judge John P. Wiese). Copy to parties. (LTD) |
|
|
| 2002-02-15 |
108 |
0 |
Transcript |
TRANSCRIPT of proceedings re: oral argument, 1 volume, at Washington, D.C., for date of February 14, 2002. Notice to parties. (FE) |
|
|
| 2002-04-01 |
109 |
0 |
Published Decision |
PUBLISHED DECISION granting in part, denying in part [95-1] cross motion; and granting in part, denying in part [87-1] motion for Summary Judgment. (signed by Judge John P. Wiese). Copy to parties. (DS) |
|
|
| 2002-04-18 |
110 |
0 |
Order |
ORDER establishing briefing schedule : (1) The parties shall file their stipulation of facts by 5/31/02 ; (2) Plaintiffs shall file their Motion for summary judgment by Filing deadline of 7/10/02; (3) Defendant shall file their cross-motion and response by 8/12/02; (4) Plaintiff's shall file their response and reply by 8/30/02; and (5) defendant shall file its reply by 9/16/02 (signed by Judge John P. Wiese). Copy to parties. (HW) |
|
|
| 2002-05-29 |
111 |
0 |
Motion for Extension of Time |
MOTION by USA (Service: 5/29/02) to Enlarge each of the deadlines set forth in the Court's April 18, 2002, Order , (30 days). (FE) |
|
|
| 2002-05-31 |
112 |
0 |
Order |
ORDER granting [111-1] motion to Enlarge each of the deadlines set forth in the Court's April 18, 2002, Order Parties stipulation of facts due 7/1/02 , Plaintiff's motion for summary judgment due 8/9/02 , Defendant's cross-motion and response due 9/11/02 and Plaintiff's response and reply due 9/30/02 , and Defendant's reply due 10/16/02 (signed by Judge John P. Wiese). Copy to parties. (LTD) |
|
|
| 2002-07-01 |
113 |
0 |
|
JOINT MOTION to Extend Time to file the stipulation of facts until 7/22/02, to Extend Time for Plaintiff's to file their motion for summary judgment until 8/29/02, to Extend Time for Defendant to file cross-motion and response to Plaintiff's motion until 10/1/02, to Extend Time for Plaintiff's to file reply until 10/21/02 and to Extend Time for Defendant to file its reply until 11/5/02. (LTD) |
|
|
| 2002-07-08 |
114 |
0 |
Order |
ORDER granting [113-1] joint motion to Extend Time to file the stipulation of facts, granting [113-2] joint motion to Extend Time for Plaintiff's to file their motion for summary judgment, granting [113-3] joint motion to Extend Time for Defendant to file cross-motion and response to Plaintiff's motion, granting [113-4] joint motion to Extend Time for Plaintiff's to file reply, granting [113-5] joint motion to Extend Time for Defendant to file its reply Parties stipulation of facts due 7/22/02 , Plaintiff's Motion for Summary Judgment due 8/29/02 , Defendant's Cross Motion and response due 10/1/02 , Plaintiff's response and reply due 10/21/02 , and Defendant's reply due 11/5/02 (signed by Judge John P. Wiese). Copy to parties. (LTD) |
|
|
| 2002-08-16 |
115 |
0 |
|
JOINT MOTION to Extend Time for parties deadlines (15 days). Filed by leave of the Judge. (LTD) Modified on 08/21/2002 |
|
|
| 2002-08-19 |
116 |
0 |
Order |
ORDER granting [115-1] joint motion to Extend Time for parties deadlines Parties stipulation of facts due 8/27/02 , Plaintiff's Motion for summary judgment due 10/3/02 , Defendant's Cross Motion due 11/5/02 , Defendant's reply due 12/10/02 and Plantiff's response and reply due 11/26/02 (signed by Judge John P. Wiese). Copy to parties. (LTD) |
|
|
| 2002-08-27 |
117 |
0 |
|
JOINT MOTION to Extend Time of deadlines in the 8/19/02 order . (LTD) |
|
|
| 2002-09-11 |
118 |
0 |
|
JOINT MOTION to Extend Time of the deadlines set forth in the Joint Motion to extend time filed 8/29/02 . (LTD) |
|
|
| 2002-09-13 |
119 |
0 |
Order |
ORDER granting [118-1] joint motion to Extend Time of the deadlines set forth in the Joint Motion to extend time filed 8/29/02. Reset deadline for the parties to file their stipulation of facts to 9/23/02 ; reset Plaintiff's motion for summary judgment filing deadline to 10/28/02 , reset Defendant's cross-motion and response filing deadline to 12/2/02 ; reset Plaintiffs response and reply deadline to 12/20/02; and reset Defendant's reply deadline to 12/30/02. ( signed by Judge John P. Wiese ) Copy to parties. (JT) |
|
|
| 2002-09-24 |
120 |
0 |
Motion for Leave to File |
JOINT MOTION by CSX CORPORATION INC., BALTIMORE AND OHIO, FRUIT GROWERS, USA for Leave to File, out of time, motion for enlargement of time. (JT) Modified on 09/27/2002 |
|
|
| 2002-09-30 |
121 |
0 |
|
JOINT MOTION to Extend deadlines in the 9/13/02 order . (LTD) |
|
|
| 2002-09-30 |
122 |
0 |
Order |
ORDER granting [120-1] motion for Leave to File, out of time, motion for enlargement of time (signed by Judge John P. Wiese). Copy to parties. (LTD) |
|
|
| 2002-09-30 |
123 |
0 |
Order |
ORDER granting [121-1] joint motion to Extend deadlines in the 9/13/02 order Parties stipulation of facts due 10/23/02 , Plaintiff's Motion for Summary Judgment due 11/13/02 , Defendant's Cross Motion due 12/16/02 , Defendant's reply due 1/30/03 and Plaintiff's response and reply due 1/20/03 (signed by Judge John P. Wiese). Copy to parties. (LTD) |
|
|
| 2002-10-24 |
124 |
0 |
|
JOINT MOTION by CSX CORPORATION INC., BALTIMORE AND OHIO, FRUIT GROWERS, and USA for modification of briefing schedule set forth in the September 30, 2002, Order. (HW) |
|
|
| 2002-10-30 |
125 |
0 |
Order |
ORDER granting [124-1] joint motion for modification of briefing schedule Parties stipulation of facts and Plaintiff's motion for summary judgment due 11/22/02 , Defendant's Cross Motion due 12/20/02 , Defendant's reply due 1/30/03 and Plaintiff's response due 1/20/03 (signed by Judge John P. Wiese). Copy to parties. (LTD) |
|
|
| 2002-11-22 |
126 |
0 |
Stipulation |
JOINT Stipulation of facts regarding revocation of private letter ruling. (LTD) |
|
|
| 2002-11-22 |
127 |
0 |
Motion for Summary Judgment |
MOTION by CSX CORPORATION INC. (Service: 11/22/02) for Summary Judgment as to the I.R.S's retroactive revocation of the CSX letter ruling and memorandum of law in support of motion. Response due: 12/20/02. (LTD) |
|
|
| 2002-12-26 |
128 |
0 |
Cross Motion |
CROSS MOTION by USA (Service: 12/20/02) and RESPONSE to [127-1] motion for Summary Judgment by CSX CORPORATION INC. Response due: 1/20/03. Filed by leave of the Judge. (LTD) Modified on 01/02/2003 |
|
|
| 2002-12-27 |
129 |
0 |
Motion for Leave to File |
MOTION by USA (Service : 12/26/02 ) for Leave to substitute the original signed declaration of Janet Lloyd for the facsmile copy . (HW) |
|
|
| 2003-01-02 |
130 |
0 |
Order |
ORDER granting [129-1] motion for Leave to substitute the original signed declaration of Janet Lloyd for the facsmile copy (signed by Judge John P. Wiese). Copy to parties. (LTD) |
|
|
| 2003-01-10 |
131 |
0 |
Motion for Leave to File |
MOTION by CSX CORPORATION INC. (Service: 1/10/03) for Leave to substitute corrected page . Response due: 1/27/03. (LTD) |
|
|
| 2003-01-10 |
132 |
0 |
Motion for Extension of Time |
MOTION by CSX CORPORATION INC. (Service: 1/10/03) to Extend Time for Plaintiffs to file their response/reply brief until 1/28/03 and to Extend Time for Defendant to file reply brief until 2/7/03. Response due: 1/27/03. (LTD) |
|
|
| 2003-01-15 |
133 |
0 |
Order |
ORDER granting [132-1] motion to Extend Time for Plaintiffs to file their response/reply brief, granting [132-2] motion to Extend Time for Defendant to file reply brief Plaintiffs response to [127-1] motion for Summary Judgment due 1/28/03 , and Defendant's Reply to Response to Motion due 2/7/03 for cross motion (signed by Judge John P. Wiese). Copy to parties. (LTD) |
|
|
| 2003-01-15 |
134 |
0 |
Order |
ORDER granting [131-1] motion for Leave to substitute corrected page (signed by Judge John P. Wiese). Copy to parties. (LTD) |
|
|
| 2003-01-28 |
135 |
0 |
Response to Motion |
RESPONSE by CSX CORPORATION INC. (Service: 1/28/03) to [128-1] cross motion. Reply due: 2/7/03. (LTD) |
|
|
| 2003-02-06 |
136 |
0 |
Motion for Extension of Time |
MOTION by USA (Service: 2/6/03) to Extend Time to file reply brief (to February 10, 2003). (DS) |
|
|
| 2003-02-10 |
137 |
0 |
Reply to Response to Motion |
REPLY by USA to response to [128-1] cross motion. Service: 2/10/03. (LTD) |
|
|
| 2003-07-30 |
138 |
0 |
Order Setting Oral Argument/Hearing on Motion |
ORDER Setting Hearing on Motion re: [127] Pltf's Motion for Summary Judgment, and [128] Dft's Cross Motion for Summary Judgment: Oral Argument set for 8/14/2003 02:30 PM in National Courts Building before Senior Judge John P. Wiese. The proceedings will be transcribed. Signed by Judge John P. Wiese. (jcp, ) |
|
|
| 2003-08-19 |
139 |
0 |
Transcript |
TRANSCRIPT of Proceedings held on August 14, 2003 before Senior Judge John P. Wiese. (dw1, ) |
|
|
| 2003-10-31 |
140 |
0 |
Published Opinion |
PUBLISHED OPINION: For the reasons set forth, [127] Pltfs' Motion for Summary Judgment is denied and [128] Dft's Cross Motion for summary judgment is granted.Signed by Judge John P. Wiese. (jcp, ) |
|
|
| 2004-11-10 |
141 |
0 |
Status Report Order |
STATUS REPORT ORDER: On or before 11/29/2004, the parties shall file a joint status report advising the court on their progress toward settlement. Signed by Judge John P. Wiese. (jcp, ) |
|
|
| 2004-11-23 |
142 |
0 |
Joint Status Report |
JOINT STATUS REPORT by all parties. (jcp, ) |
|
|
| 2004-11-30 |
143 |
0 |
Status Report Order |
STATUS REPORT ORDER: The parties shall file another Status Report on or before 12/28/2004. Signed by Judge John P. Wiese. (jcp, ) |
|
|
| 2004-12-23 |
144 |
0 |
Joint Status Report |
JOINT STATUS REPORT by all parties. Service: 12/23/2004.(hw1, ) |
|
|
| 2005-01-18 |
145 |
0 |
Scheduling Order |
SCHEDULING ORDER: Status Conference set for 1/25/2005 at 02:30 PM in National Courts Building before Senior Judge John P. Wiese. Signed by Judge John P. Wiese. (mb2, ) |
|
|
| 2005-01-24 |
146 |
0 |
Scheduling Order |
RE-SCHEDULING ORDER: Status Conference re-set for 2/1/2005 at 02:30 PM in National Courts Building before Senior Judge John P. Wiese. Signed by Judge John P. Wiese. (mb2, ) |
|
|
| 2005-02-01 |
147 |
0 |
Order Cancelling Deadline/Hearing |
ORDER Cancelling Deadline/Hearing: Status Conference scheduled for February 1, 2005. Signed by Judge John P. Wiese. (mb2, ) |
|
|
| 2005-05-10 |
148 |
0 |
Status Report Order |
STATUS REPORT ORDER: Status Report due by 6/1/2005. Signed by Judge John P. Wiese. (mb2, ) |
|
|
| 2005-05-31 |
149 |
0 |
Joint Status Report |
JOINT STATUS REPORT by CSX CORPORATION INC., BALTIMORE AND OHIO CHICAGO TERMINAL RAILROAD COMPANY, FRUIT GROWERS EXPRESS COMPANY, USA. Service: 05/31/2005.(vro, ) |
|
|
| 2005-06-06 |
150 |
0 |
Status Report Order |
STATUS REPORT ORDER: Status Report due by 6/30/2005. Signed by Judge John P. Wiese. (mb2, ) |
|
|
| 2005-06-30 |
151 |
0 |
Status Report |
STATUS REPORT, filed by CSX CORPORATION INC. Service: 6/30/2005.(mb2, ) |
|
|
| 2005-06-30 |
152 |
0 |
Motion for Extension of Time |
MOTION for Extension of Time until 7/5/2005 to file the Joint Status Report, filed by USA. Service: 6/30/2005. Response due by 7/18/2005. (mb2, ) |
|
|
| 2005-07-05 |
153 |
0 |
Status Report |
STATUS REPORT, filed by USA. Service: 7/5/2005.(mb2, ) |
|
|
| 2005-07-13 |
154 |
0 |
Status Report |
Supplemental STATUS REPORT, filed by CSX CORPORATION INC. Service: 7/13/2005.(mb2, ) |
|
|
| 2005-07-20 |
155 |
0 |
Notice of Change of Address |
NOTICE of Change of Address by David Wesley Feeney. Service: 7/20/2005.(mb2, ) |
|
|
| 2005-07-22 |
156 |
0 |
Status Report Order |
STATUS REPORT ORDER: Status Report due by 9/15/2005. Signed by Judge John P. Wiese. (mb2, ) |
|
|
| 2005-09-15 |
157 |
0 |
Joint Status Report |
JOINT STATUS REPORT, filed by all parties. (mb2, ) |
|
|
| 2005-09-16 |
158 |
0 |
Status Conference Order |
STATUS CONFERENCE ORDER: Status Conference set for 10/20/2005 at 2:30 PM before Senior Judge John P. Wiese. Signed by Judge John P. Wiese. (mb2, ) |
|
|
| 2005-10-18 |
159 |
0 |
Status Conference Order |
STATUS CONFERENCE ORDER: Status Conference set for 11/22/2005 at 11:00 AM before Senior Judge John P. Wiese. Signed by Judge John P. Wiese. (mb2, ) |
|
|
| 2005-12-09 |
160 |
0 |
Scheduling Order |
SCHEDULING ORDER: Pretrial Submissions due by 1/17/2006.Pretrial Brief due by 1/17/2006. Depositions Brief due by 1/23/2006. Trial set for 1/31/2006 at 10:00 AM in National Courts Building before Senior Judge John P. Wiese. Signed by Judge John P. Wiese. (mb2, ) |
|
|
| 2006-01-17 |
161 |
0 |
Motion for Extension of Time |
MOTION for Extension of Time until 1/20/2006 to File Stipulations and Exhibit Lists , filed by USA. Service: 1/17/2006. Response due by 2/3/2006. (mb2, ) |
|
|
| 2006-01-23 |
162 |
0 |
Order Cancelling Deadline/Hearing |
ORDER Cancelling Postponing Trial. Signed by Judge John P. Wiese. (mb2, ) |
|
|
| 2006-01-23 |
163 |
0 |
Order on Motion for Extension of Time to File |
ORDER denying as moot [161] Motion for Extension of Time. Signed by Judge John P. Wiese. (mb2, ) |
|
|
| 2006-03-13 |
164 |
0 |
Pretrial Order |
PRETRIAL ORDER:Appendix A Filings due by 4/24/2006. Pretrial Conference set for 5/10/2006 at 11:00 AM in National Courts Building before Senior Judge John P. Wiese. Signed by Judge John P. Wiese. (mb2, ) |
|
|
| 2006-04-24 |
165 |
0 |
Exhibit List |
Joint Exhibit List, filed by all parties. (mb2, ) |
|
|
| 2006-04-24 |
166 |
0 |
Stipulation |
Joint STIPULATION, filed by all parties. (mb2, ) |
|
|
| 2006-05-15 |
167 |
0 |
Transcript |
TRANSCRIPT of Proceedings held on May 10, 2006 before Senior Judge John P. Wiese. (dw1) |
|
|
| 2006-06-27 |
168 |
0 |
Published Opinion |
PUBLISHED OPINION. The parties shall continue their effors to develop a stipulation of facts to support an entry of judgment. Signed by Judge John P. Wiese. (mb2, ) |
|
|
| 2006-08-10 |
169 |
0 |
Stipulation |
STIPULATION of Facts, filed by all parties. (dls) Modified on 8/14/2006 to seal document per court order. (dls ). Modified on 11/21/2006 to unseal per order of November 16, 2006. (dls ). |
|
|
| 2006-08-10 |
170 |
0 |
Appendix |
**SEALED**APPENDIX (consisting of Volumes A (in two sections), B and C) to [169] Stipulation of Facts. (dls ) |
|
|
| 2006-08-10 |
171 |
0 |
Motion for Protective Order |
MOTION for Protective Order re: Appendix to Joint Stipulation of Facts, filed by CSX CORPORATION INC., BALTIMORE AND OHIO CHICAGO TERMINAL RAILROAD COMPANY, FRUIT GROWERS EXPRESS COMPANY. Service: 8/10/06 by hand.(dls ) |
|
|
| 2006-08-10 |
172 |
0 |
Motion for Miscellaneous Relief |
JOINT MOTION for entry of final judgment , filed by CSX CORPORATION INC., BALTIMORE AND OHIO CHICAGO TERMINAL RAILROAD COMPANY, FRUIT GROWERS EXPRESS COMPANY, USA.(dls ) |
|
|
| 2006-08-14 |
173 |
0 |
Order on Motion for Protective Order |
ORDER granting [171] Motion for Protective Order; and directing the Clerk to file, under seal, the parties August 10, 2006, stipulation of facts and accompanying Appendices A, B, and C. Signed by Judge John P. Wiese. (dls ) |
|
|
| 2006-08-14 |
174 |
0 |
Unpublished Opinion/Order |
ORDER GRANTING MOTION FOR ENTRY OF FINAL JUDGMENT AND DIRECTING ENTRY OF FINAL JUDGMENT. The Clerk is directed to enter judgment. Signed by Judge John P. Wiese. (lld, ) |
|
|
| 2006-08-14 |
175 |
0 |
Judgment |
JUDGMENT entered, pursuant to Rule 58, as follows:1.?As to layoff benefits (as defined in paragraph 3.a. of the parties? stipulation of facts) paid to plaintiffs? contract employees, plaintiffs are entitled to recover of and from the United States the sum of $12,332,727.73 in overpaid Railroad Retirement Tax Act (?RRTA?) employer taxes for the period beginning on January 1, 1984, and ending on December 31, 1990, plus interest provided by law.2.?As to layoff benefits paid to plaintiffs? contract employees, plaintiffs? individual employees and/or former employees listed in Appendix A, are entitled to recover of and from the United States the sum of, in the aggregate, $4,709,998.28 in overpaid RRTA employee taxes for the period beginning January 1, 1984, and ending December 31, 1990, plus interest provided by law.3.?As to separation payments paid to plaintiffs? management employees who separated under involuntary separation programs, plaintiffs are entitled to recover of and from the United States the sum of $2,195,315.98 in overpaid RRTA employer taxes for the period beginning on January 1, 1984, and ending on December 31, 1990, plus interest provided by law.4.?As to separation payments paid to plaintiffs? management employees who separated under involuntary separation programs, plaintiffs? individual RRTA employees and/or former RRTA employees listed in Appendix B, are entitled to recover of and from the United States the sum of, in the aggregate, $983,871.99 in overpaid RRTA employee taxes for the period beginning January 1, 1984, and ending December 31, 1990, plus interest provided by law.5.?As to separation payments paid to plaintiffs? management employees who separated under involuntary separation programs, plaintiffs are entitled to recover of and from the United States the sum of $29,228.54 in overpaid Federal Insurance Contributions Act (?FICA?) employer taxes for the period beginning January 1, 1984, and ending December 31, 1990, plus interest provided by law.6.?As to separation payments paid to plaintiffs? management employees who separated under involuntary separation programs, plaintiffs? individual FICA employees and/or former FICA employees listed in Appendix B are entitled to recover of and from the United States the sum of, in the aggregate, $15,595.75 in overpaid FICA employee taxes for the period beginning January 1, 1984, and ending December 31, 1990, plus interest provided by law.7.?As to separation payments paid to plaintiffs? contract employees who elected separation from furlough status, plaintiffs? are entitled to recover of and from the United States the sum of $5,817,768.56 in overpaid RRTA employer taxes for the period beginning January 1, 1984, and ending December 31, 1990, plus interest provided by law.8.?As to separation payments paid to plaintiffs? contract employees who elected separation from furlough status, plaintiffs? individual employees and/or former employees listed in Appendix C are entitled to recover of and from the United States the sum of, in the aggregate, $2,598,688.56 in overpaid RRTA employee taxes for the period beginning January 1, 1984, and ending December 31, 1990, plus interest provided by law.9.?In sum, plaintiffs are entitled to recover of and from the United States the sum of $20,375,040.81 in overpaid RRTA and FICA employer taxes for the period beginning January 1, 1984, and ending December 31, 1990, plus interest provided by law.10.?In sum, plaintiffs? individual employees and/or former employees listed in Appendices A, B, and C are entitled to recover of and from the United States the sum of, in the aggregate, $8,308,154.58 in overpaid RRTA and FICA employee taxes for the period beginning January 1, 1984, and ending December 31, 1990, plus interest provided by law.11.?As to reserve pool payments paid to plaintiffs? contract employees, plaintiffs? claims for refund of RRTA employer and employee taxes for the period beginning January 1, 1984, and ending December 31, 1990, are dismissed with prejudice.12.?As to guaranteed extraboard payments paid to plaintiffs? contract employees, plaintiffs? claims for refund of RRTA employer and employee taxes for the period beginning January 1, 1984, and ending December 31, 1990, are dismissed with prejudice.13.?As to separation payments paid to plaintiffs? contract employees who elected separation from active status, including reserve pool and guaranteed extraboard status, plaintiffs? claims for refund of RRTA employer and employee taxes for the period beginning January 1, 1984, and ending December 31, 1990, are dismissed with prejudice.14.?As to separation payments paid to the Group 1 employees (the employees described in the parties? stipulation filed with the court on April 24, 2006, and listed in Appendix 1 attached thereto), plaintiffs? claims for refund of RRTA employer and employee taxes are dismissed with prejudice.15.?As to separation payments paid to (A) management employees who elected to separate during the first phase of the 1987 management separation program, and (B) plaintiffs? management employees whose separations were under other programs not shown to be involuntary, plaintiffs? claims for refund of RRTA and/or FICA employer and employee taxes are dismissed with prejudice.16.?As to separation payments described in paragraph 15(A) above, plaintiffs? claims for refund of RRTA and/or FICA employer and employee taxes on the basis of the issuance of revocation of the private letter ruling that was issued by the Internal Revenue Service to plaintiffs CSX Corporation and CSX Transportation, Inc., are dismissed with prejudice. (lld, ) VACATED PER 08/21/08 ORDER OF THE COURT(lld). |
|
|
| 2006-08-23 |
176 |
0 |
Unpublished Opinion/Order |
ORDER AMENDING JUDGMENT. The Clerk is directed to amend the judgment of August 14, 2006. Signed by Judge John P. Wiese. (lld, ) |
|
|
| 2006-08-23 |
177 |
0 |
Judgment |
AMENDED JUDGMENT [NOTE: AMENDMENTS ARE CLERICAL IN NATURE], entered, pursuant to Rule 58, as follows: 1.?As to layoff benefits (as defined in paragraph 3.a. of the parties? stipulation of facts) paid to plaintiffs? contract employees, plaintiffs shall recover of and from the United States the sum of $12,332,727.73 in overpaid Railroad Retirement Tax Act (?RRTA?) employer taxes for the period beginning on January 1, 1984, and ending on December 31, 1990, plus interest provided by law.2.?As to layoff benefits paid to plaintiffs? contract employees, plaintiffs? individual employees and/or former employees listed in Appendix A, shall recover of and from the United States the sum of, in the aggregate, $4,709,998.28 in overpaid RRTA employee taxes for the period beginning January 1, 1984, and ending December 31, 1990, plus interest provided by law.3.?As to separation payments paid to plaintiffs? management employees who separated under involuntary separation programs, plaintiffs shall recover of and from the United States the sum of $2,195,315.98 in overpaid RRTA employer taxes for the period beginning on January 1, 1984, and ending on December 31, 1990, plus interest provided by law.4.?As to separation payments paid to plaintiffs? management employees who separated under involuntary separation programs, plaintiffs? individual RRTA employees and/or former RRTA employees listed in Appendix B, shall recover of and from the United States the sum of, in the aggregate, $983,871.99 in overpaid RRTA employee taxes for the period beginning January 1, 1984, and ending December 31, 1990, plus interest provided by law.5.?As to separation payments paid to plaintiffs? management employees who separated under involuntary separation programs, plaintiffs shall recover of and from the United States the sum of $29,228.54 in overpaid Federal Insurance Contributions Act (?FICA?) employer taxes for the period beginning January 1, 1984, and ending December 31, 1990, plus interest provided by law.6.?As to separation payments paid to plaintiffs? management employees who separated under involuntary separation programs, plaintiffs? individual FICA employees and/or former FICA employees listed in Appendix B shall recover of and from the United States the sum of, in the aggregate, $15,595.75 in overpaid FICA employee taxes for the period beginning January 1, 1984, and ending December 31, 1990, plus interest provided by law.7.?As to separation payments paid to plaintiffs? contract employees who elected separation from furlough status, plaintiffs? shall recover of and from the United States the sum of $5,817,768.56 in overpaid RRTA employer taxes for the period beginning January 1, 1984, and ending December 31, 1990, plus interest provided by law.8.?As to separation payments paid to plaintiffs? contract employees who elected separation from furlough status, plaintiffs? individual employees and/or former employees listed in Appendix C shall recover of and from the United States the sum of, in the aggregate, $2,598,688.56 in overpaid RRTA employee taxes for the period beginning January 1, 1984, and ending December 31, 1990, plus interest provided by law.9.?In sum, plaintiffs shall recover of and from the United States the sum of $20,375,040.81 in overpaid RRTA and FICA employer taxes for the period beginning January 1, 1984, and ending December 31, 1990, plus interest provided by law.10.?In sum, plaintiffs? individual employees and/or former employees listed in Appendices A, B, and C shall recover of and from the United States the sum of, in the aggregate, $8,308,154.58 in overpaid RRTA and FICA employee taxes for the period beginning January 1, 1984, and ending December 31, 1990, plus interest provided by law.11.?As to reserve pool payments paid to plaintiffs? contract employees, plaintiffs? claims for refund of RRTA employer and employee taxes for the period beginning January 1, 1984, and ending December 31, 1990, are dismissed with prejudice.12.?As to guaranteed extraboard payments paid to plaintiffs? contract employees, plaintiffs? claims for refund of RRTA employer and employee taxes for the period beginning January 1, 1984, and ending December 31, 1990, are dismissed with prejudice.13.?As to separation payments paid to plaintiffs? contract employees who elected separation from active status, including reserve pool and guaranteed extraboard status, plaintiffs? claims for refund of RRTA employer and employee taxes for the period beginning January 1, 1984, and ending December 31, 1990, are dismissed with prejudice.14.?As to separation payments paid to the Group 1 employees (the employees described in the parties? stipulation filed with the court on April 24, 2006, and listed in Appendix 1 attached thereto), plaintiffs? claims for refund of RRTA employer and employee taxes are dismissed with prejudice.15.?As to separation payments paid to (A) management employees who elected to separate during the first phase of the 1987 management separation program, and (B) plaintiffs? management employees whose separations were under other programs not shown to be involuntary, plaintiffs? claims for refund of RRTA and/or FICA employer and employee taxes are dismissed with prejudice.16.?As to separation payments described in paragraph 15(A) above, plaintiffs? claims for refund of RRTA and/or FICA employer and employee taxes on the basis of the issuance or revocation of the private letter ruling that was issued by the Internal Revenue Service to plaintiffs CSX Corporation and CSX Transportation, Inc., are dismissed with prejudice. (lld, ) |
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|
| 2006-08-31 |
178 |
0 |
Certified Transcript to Attorney |
CERTIFIED TRANSCRIPT OF JUDGMENT, dated August 25, 2006, forwarded to David Wesley Feeney, certified copy of judgment forwarded to Tommy Thompson, Tax Division, of the Department of Justice. See letter in file. (bre, ) |
|
|
| 2006-09-29 |
179 |
0 |
Notice of Appeal |
NOTICE OF APPEAL, filed by CSX CORPORATION INC., BALTIMORE AND OHIO CHICAGO TERMINAL RAILROAD COMPANY, FRUIT GROWERS EXPRESS COMPANY. Filing fee $ 455, receipt number 065498. Copies to judge, opposing party and CAFC. (hw1, ) |
|
|
| 2006-10-12 |
180 |
0 |
Notice of Cross Appeal |
NOTICE OF CROSS APPEAL, filed by USA. Copy to opposing party, judge and CAFC. Fee not required. (hw1, ) |
|
|
| 2006-10-04 |
181 |
0 |
CAFC Case Number |
CAFC Case Number 07-5003 for [179] Notice of Appeal filed by CSX CORPORATION INC., BALTIMORE AND OHIO CHICAGO TERMINAL RAILROAD COMPANY, FRUIT GROWERS EXPRESS COMPANY. (hw1, ) |
|
|
| 2006-10-18 |
182 |
0 |
CAFC Case Number |
CAFC Case Number 07-5007 for [180] Notice of Cross Appeal filed by USA. (hw1, ) |
|
|
| 2006-11-16 |
183 |
0 |
Order |
ORDER releasing from seal, the parties' August 10, 2006, stipulation of facts. Signed by Judge John P. Wiese. (dls ) |
|
|
| 2008-05-20 |
184 |
0 |
CAFC Mandate Affirming in Part/Reversing in Part |
MANDATE of CAFC affirming in part and reversing in part [174] Unpublished Opinion/Order and REMANDING case back to U.S. Court of Federal Claims for the entry of judgment and resolution of any ancillary matters that may be necessary. (hw1, ) |
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| 2008-08-21 |
185 |
0 |
Unpublished Opinion/Order |
ORDER VACATING JUDGMENT ENTERED AUGUST 14, 2006 AND DIRECTING ENTRY OF JUDGMENT DISMISSING COMPLAINT. The Clerk is directed to enter judgment. Signed by Senior Judge John P. Wiese. (lld) |
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| 2008-08-25 |
186 |
0 |
Judgment |
JUDGMENT entered, pursuant to Rule 58, that the complaint is dismissed. (lld) |
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