Free Status Report - District Court of Colorado - Colorado

Case 1:01-cv-02531-JLK

Document 41

Filed 03/27/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-2531-JLK GENERAL COMMITTEE OF ADJUSTMENT GO-245 UNITED TRANSPORTATION UNION, Plaintiff, v. BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, UNITED TRANSPORTATION UNION, BROTHERHOOD OF LOCOMOTIVE ENGINEERS GENERAL COMMITTEE OF ADJUSTMENT GO-009 Defendants. _______________________________________________________________________________ JOINT STATUS REPORT _______________________________________________________________________________ On March 14, 2006, this Court issued an Order directing the parties to file a joint status report regarding their progress with the adjustment board. This Court had previously on June 28, 2005, granted plaintiff's motion for partial summary judgment, ordering defendant General Committee of Adjustment GO-009 "to participate in the appropriate RLA adjustment board proceeding to resolve the dispute between it, [plaintiff] GO-245 and [defendant] BNSF regarding the meaning and application of" a provision of a collective bargaining agreement between BNSF and both plaintiff and defendant GO-009. Docket No. 39 at 14. That Order of June 28, 2005, further stayed and administratively closed the case at bar "until such time as the adjustment board has ruled in this dispute or one or more of the parties shows good cause that this action be reopened." Id. at 14-15.

Case 1:01-cv-02531-JLK

Document 41

Filed 03/27/2006

Page 2 of 3

Following that decision, the parties conferred and reached an agreement resolving the dispute. That agreement was memorialized in two letters dated January 1, 2006, but was not fully signed until March 23, 2006. True and accurate copies of the two letters memorializing the agreement are attached hereto. Due to the delay in obtaining the signatures, the parties intend to modify the effective date of the settlement, implementing it as of May 1, 2006. Since the parties have resolved the underlying dispute, they jointly request that this Court close this case, with each party to bear its own costs.

Date: March 27, 2006

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 Email: [email protected] Attorneys for Plaintiff General Committee GO-245 s/ David M. Pryor David M. Pryor Texas Bar No. 00791470 BNSF RAILWAY COMPANY 2500 Lou Menk Drive, AOB-3 Fort Worth, Texas 76131-2828 Phone: (817) 352-2286 Fax: (817) 352-2399 s/ Walter J. Downing Walter J. Downing Hall & Evans, L.L.C. 1125 17th Street, Suite 600 Denver, Colorado 80202 Phone: (303) 628-3300 Fax: (303) 628-3368 Email: [email protected] Attorneys for Defendant BNSF -2-

Date: March 24, 2006

Date: March 27, 2006

Case 1:01-cv-02531-JLK

Document 41

Filed 03/27/2006

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Date: March 27, 2006

s/ John A. Edmond John A. Edmond Guerrieri, Edmond & Clayman, P.C. 1625 Massachusetts Ave., N.W., Suite 700 Washington, D.C. 20036-2243 (202) 624-7400 s/ Richard Rosenblatt Richard Rosenblatt Richard Rosenblatt & Assoc., LLC 8085 East Prentice Ave. Greenwood Village, Colorado 80111-2745 (303) 721-7399 Attorneys for Defendants UTU and GO-009

Date: March 27, 2006

Date: March 27, 2006

s/ Harold A. Ross Harold A. Ross ROSS & KRAUSHAAR, L.P.A. 1548 Standard Building 1370 Ontario Street Cleveland, Ohio 44113 s/ Thomas B. Buescher Thomas B. Buescher Buescher, Goldhammer, Kelman & Dodge, P.C. 1563 Gaylord Street Denver, Colorado 80206 (303) 333-7751 Attorneys for Defendant BLET

Date: March 27, 2006

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