Free Motion to Continue - District Court of Colorado - Colorado

Case 1:01-cv-02531-JLK

Document 58

Filed 10/02/2007

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:01-cv-2531-JLK GENERAL COMMITTEE OF ADJUSTMENT GO-245 OF THE UNITED TRANSPORTATION UNION, Plaintiff, v. BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, et al., Defendants. __________________________________________________________________________ UNOPPOSED MOTION BY PLAINTIFF TO CONTINUE AND TO HOLD THIS CASE IN ABEYANCE

Plaintiff General Committee of Adjustment GO-245 of the United Transportation Union respectfully requests that this Court hold this case in abeyance and continue the time by which defendants may respond to the Motion To Consolidate [Docket #52] until October 22, 2007. Plaintiff GO-245 states as follows in support of this Motion. 1. Following the issuance of the Award by Special Board of Adjustment No. 1155 (SBA

1155) on August 29, 2007, representatives of plaintiff and defendants BNSF Railway Company, General Committee of Adjustment GO-009 of the United Transportation Union, and the Brotherhood of Locomotive Engineers & Trainmen, a Division of the Rail Conference of the International Brotherhood of Teamsters, conferred in an effort to resolve their disagreement over the application of the Flow Back Agreement to the Consolidated Kansas City Yards in light of SBA 1155's Award. The parties are scheduled to meet again later this week.

Case 1:01-cv-02531-JLK

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Filed 10/02/2007

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2.

The parties are hopeful that they will be able to resolve their disagreement over the

application of the Flow Back Agreement at this next meeting. If they are successful, it will be necessary for GO-245 to submit that proposed agreement to the affected membership for ratification. 3. Accordingly, GO-245 has proposed to defendants that the parties agree to request this

Court to hold further consideration of GO-245's Motion To Reopen [Docket #50] in abeyance for at least two weeks and that the time defendants may respond to the Motion To Consolidate be extended to and including October 22, 2007. Plaintiff further requested that defendants agree that if the parties are able to reach a tentative agreement by October 22, 2007, they so inform this Court and request a further continuance for six (6) weeks so that GO-245 may submit the tentative agreement to its membership for ratification. 4. Counsel for GO-245 has been authorized to state that defendants consent to this

request, both to hold the case in abeyance and to extend the time in which they may respond to the Motion To Consolidate. WHEREFORE, plaintiff GO-245 respectfully requests that this Court hold this case in abeyance and continue the time by which defendants may respond to the plaintiff GO-245's Motion To Consolidate until October 22, 2007.

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Case 1:01-cv-02531-JLK

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Respectfully Submitted this 2nd day of October, 2007

/s/ Martin D. Buckley Martin D. Buckley Michael J. Belo BERENBAUM, WEINSHIENK & EASON, P.C. 370 Seventeenth Street, Suite 4800 Denver, Colorado 80202 Phone: (303) 825-0800 Fax: (303) 629-7610

/s/ John O'B. Clarke, Jr. John O'B. Clarke, Jr. HIGHSAW, MAHONEY & CLARKE, P.C. 1050 17th Street, N.W., Suite 444 Washington, D.C. 20036 Phone: (202) 296-8500 Fax: (202) 296-7143 Attorneys for Plaintiff General Committee GO-245

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Case 1:01-cv-02531-JLK

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Filed 10/02/2007

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CERTIFICATE OF SERVICE I hereby certify that I have this 2 nd day of October, 2007, caused a copy of the foregoing Unopposed Motion By Plaintiff To Continue And To Hold This Case In Abeyance to be served by email to the following: David M. Pryor ([email protected]) BNSF Railway Company 2500 Lou Menk Drive, AOB-3 Fort Worth, Texas 76131-2828 Walter J. Downing ([email protected]) Hall & Evans, L.L.C. 1125 17 th Street, Suite 600 Denver, Colorado 80202 Carmen R. Parcelli ([email protected]) Guerrieri, Edmond, Clayman & Bartos, P.C. 1625 Massachusetts Ave., N.W., Suite 700 Washington, D.C. 20036-2243 Richard Rosenblatt ([email protected]) Richard Rosenblatt & Assoc., LLC 8085 East Prentice Ave. Greenwood Village, Colorado 80111 Harold A. Ross ([email protected]) 23195 Stoneybrook Dr. North Olmsted, Ohio 44070 Michael S. Wolly ([email protected]) Margo Pave ([email protected]) Zwerdling, Paul, Kahn & Wolly, P.C. 1025 Connecticut Ave., N.W., Suite 712 Washington, D.C. 20036-5405 Thomas B. Buescher ([email protected]) Buescher, Goldhammer, Kelman & Dodge, P.C. 1563 Gaylord Street Denver, Colorado 80206

/s/ John O'B. Clarke, Jr.
John O'B. Clarke, Jr.

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