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05-3084 - BNSF Railway Company v. EPCO Carbondioxide Products


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05-3084 - BNSF Railway Company v. EPCO Carbondioxide Products
April 29, 2005
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ORDER that counsel and unrepresented parties shall meet and confer in accordance with Fed. R. Civ. P. 26(f) and, by May 16, 2005, file their Report of Parties' Planning Conference. Signed by Magistrate Judge David L. Piester on 4/29/2005. (CS, )
May 17, 2005
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REASSIGNMENT ORDER - this case is reassigned to United States District Judge Richard G.Kopf for disposition and to Magistrate Judge David L. Piester for judicial supervision andprocessing of all pretrial matters. Signed by Chief Judge Joseph F. Bataillon on 5/17/2005. (JAE, )
June 20, 2005
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MEMORANDUM AND ORDER - Defendant's motion for judgment on the pleadings 7 is granted, and Plaintiff's second, third, and fourth claims for relief are dismissed. Plaintiff is granted leave to file an amended complaint within 20 days from today's date that will correct the pleading defects noted above inthe court's memorandum. Plaintiff shall show cause within 20 days from today's date why its first claim for relief ("filed rate doctrine") should not be dismissed for lack of jurisdiction. Defendant may respond within 10 days after service of Plaintiff's showing, and Plaintiff shall have 5 days thereafter to reply. Signed by Judge Richard G. Kopf on 6/20/2005. (CS, )
August 29, 2005
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MEMORANDUM signed by District Judge Richard G. Kopf on 8/29/2005 regarding Order 20; because it now appears from the pleadings that the court has subject matter jurisdiction under 28 U.S.C. 1332, there is no need to consider the issue that was raised sua sponte in the courts 6/20/05 memorandum and order, namely, whether deregulation of the railroad industry has affected the court's subject matter jurisdiction under sections 1331 and 1337. (BMH)
November 2, 2005
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MEMORANDUM AND ORDER granting 34 Motion to Continue Deadlines. The progression deadlines established under the court's filing 28 progression order are stayed to permit the parties to pursue final settlement of this case. On or before January 6, 2005, the parties shall either advise the court that this case is settled, or shall submit their joint, or if necessary, separate proposal(s) for establishing a new progression schedule for this case. Signed by Magistrate Judge David L. Piester on 11/2/2005. (JAR)
November 9, 2005
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ORDER NUNC PRO TUNC regarding Order on Motion to Continue, 35. Paragraph 4 is corrected as follows: On or before January 6, 2006, the parties shall either advise the court that this case is settled, or shall submit their joint, or if necessary, separate proposal(s) for establishing a new progression schedulefor this case. Signed by Magistrate Judge David L. Piester on 11/9/2005. (GJG, )
January 9, 2006
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SETTLEMENT ORDER. It is ordered that: (1) Within sixty (60) calendar days of the date of this order, the parties shall file a joint stipulation for dismissal (or other dispositive stipulation) with the clerk of the court (and provide a copy to the magistrate judge and to United States District Judge Richard G. Kopf, the trial judge to whom this case is assigned), together with submitting to the trial judge a draft order which will fully dispose of the case; (2) Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice; (3) This case is removed from the court's January 17, 2006 trial docket upon representation by the parties that the case has settled. ***Termed 37. Signed by Judge Richard G. Kopf on 1/9/2006. (KLL, )
January 19, 2006
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JUDGMENT that pursuant to the parties' joint stipulation (filing 39) and Fed. R. Civ. P. 41(a), IT IS ORDERED that this action is dismissed with prejudice. Signed by Judge Richard G. Kopf on 1/19/2006. (CS, )