Brown v. Union Pacific Railroad Company et al
| Oregon District Court | |
| Judge: | Adrienne Nelson |
| Case #: | 3:23-cv-00118 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:1981 Job Discrimination (Race) |
| Case Filed: | Jan 24, 2023 |
| Last checked: Sunday Jul 23, 2023 2:14 AM PDT |
|
Defendant
Portland Terminal Railroad Company
an Oregon Corporation 3500 NW Yeon Avenue
Portland, OR 97210 |
Represented By
|
|
Defendant
Union Pacific Railroad Company
|
Represented By
|
|
Plaintiff
Terry Brown
2426 NE 27th Ave.
Portland, OR 97212 |
Represented By
|
GPO
Nov 21 2023
Opinion and Order: Accordingly, defendant Union Pacific's Motion to Compel Arbitration, ECF 22, is GRANTED and defendant PTRC's Motion for Joinder, ECF 33, is DENIED. Signed on 11/21/2023 by Judge Adrienne Nelson. (mja) |
| Docket last updated: 04/30/2025 11:59 PM PDT |
| Tuesday, February 27, 2024 | ||
| 43 | 43
notice
Attorney Substitution
Tue 02/27 2:04 PM
Notice of Attorney Substitution: Florence Z. Mao is substituted as counsel of record in place of Attorney Rachel Elizabeth Timmins . Filed by on behalf of Portland Terminal Railroad Company. (Mao, Florence) |
|
| Friday, February 09, 2024 | ||
|
order
Order on Motion for Stay
Fri 02/09 8:45 PM
ORDER: Defendant Portland Terminal Railroad Company's Motion for Stay, ECF41 , is GRANTED. This case is STAYED pending resolution of plaintiff's arbitration proceeding with defendant Union Pacific Railroad Company. Additionally, the parties are ordered to submit a joint status report within thirty (30) days of resolution of the arbitration proceedings. Ordered by Judge Adrienne Nelson. (joha) |
||
| Thursday, January 18, 2024 | ||
| 41 | 41
motion
Stay
Thu 01/18 2:11 PM
Motion for Stay . Oral Argument requested. Filed by Portland Terminal Railroad Company. (Falcone, Elizabeth) |
|
| Tuesday, November 21, 2023 | ||
| 40 | 40
16
pgs
order
Opinion and Order
Tue 11/21 12:05 PM
Opinion and Order: Accordingly, defendant Union Pacific's Motion to Compel Arbitration, ECF22 , is GRANTED and defendant PTRC's Motion for Joinder, ECF33 , is DENIED. Signed on 11/21/2023 by Judge Adrienne Nelson. (mja) |
|
| Tuesday, November 14, 2023 | ||
| 39 | 39
resp
Sur-Reply to Motion
Tue 11/14 5:36 PM
Sur-Reply in Opposition to Portland Terminal's Notice of Joinder in Union Pacific's Motion to Compel Arbitration . Filed by Terry Brown. (Thompson, Nicholas) |
|
| Thursday, November 02, 2023 | ||
|
order
1 - Scheduling
Thu 11/02 4:41 PM
ORDER: In light of the new arguments raised in Portland Terminal Railroad Company's Reply, ECF37 , the Court orders plaintiff to submit a sur-reply, addressing only Portland Terminal's third-party beneficiary and agency theory arguments, by November 14, 2023. Ordered by Judge Adrienne Nelson. (joha) |
||
| Tuesday, October 31, 2023 | ||
| 37 | 37
oth_ans
Reply
Tue 10/31 12:24 PM
Reply in Opposition to Plaintiff's Opposition to Joinder in Union Pacific's Motion to Compel Arbitration Filed by Portland Terminal Railroad Company. (Timmins, Rachel) |
|
| Thursday, October 19, 2023 | ||
|
order
1 - Scheduling
Thu 10/19 10:32 AM
ORDER: The Court is in receipt of Defendant Portland Terminal Company's Notice of Joinder, ECF33 , and construes it as a Motion for Joinder in Defendant Union Pacific Railroad Company's Motion to Compel Arbitration, ECF22 . The Court orders Portland Terminal to submit a reply, if any, to plaintiff's Opposition to Portland Terminal's Notice of Joinder, ECF35 , addressing only plaintiff's contract formation arguments, by November 1, 2023. Ordered by Judge Adrienne Nelson. (joha) |
||
| Friday, July 21, 2023 | ||
| 35 | 35
oth_sup
Brief
Fri 07/21 2:30 PM
Brief in Opposition to Portland Terminal's Notice of Joinder . Filed by Terry Brown. (Freeman, Emma) |
|
| Friday, July 14, 2023 | ||
| 34 | 34
resp
Reply to Motion
Fri 07/14 1:23 PM
Reply to Plaintiff's Memorandum of Law in Opposition to Motion to Compel Arbitration 22 N/a requested. Filed by Union Pacific Railroad Company. (Walsh, William) |
|
| Thursday, July 13, 2023 | ||
| 33 | 33
notice
Joinder Notice
Thu 07/13 1:03 PM
Notice of Joinder in Motion to Compel22 Filed by Portland Terminal Railroad Company. (Falcone, Elizabeth) |
|
| Friday, June 30, 2023 | ||
| 32 | 32
30+
pgs
resp
Memorandum in Opposition
Fri 06/30 9:48 AM
Memorandum in Opposition to Motion to Compel Arbitration 22 Oral Argument requested. Filed by All Plaintiffs. (Freeman, Emma) |
|
| Thursday, June 15, 2023 | ||
| 30 | 30
motion
Leave to Appear Pro Hac Vice
Thu 06/15 7:05 AM
Motion for Leave to Appear Pro Hac Vice . Pro Hac Vice admission requested by attorney Adam W. Hansen. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8979880. Filed by Terry Brown. (Hansen, Adam) |
|
|
attyadm
Clerk's Review of Pro Hac Vice Motion
Thu 06/15 9:44 AM
Clerk's Review of Motion for Leave to Appear Pro Hac Vice . Pro Hac Vice admission requested by attorney Adam W. Hansen. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-897988030 : Reviewed and Ready for Ruling. (ecp) |
||
|
order
Leave to Appear Pro Hac Vice
Thu 06/15 1:36 PM
ORDER: Granting Motion for Leave to Appear Pro Hac Vice 30 ; Granting Motion for Leave to Appear Pro Hac Vice 29 . Ordered by Judge Adrienne Nelson. (joha) |
||
| Wednesday, June 14, 2023 | ||
| 29 | 29
motion
Leave to Appear Pro Hac Vice
Wed 06/14 8:03 AM
Motion for Leave to Appear Pro Hac Vice . Pro Hac Vice admission requested by attorney Emma Lerner Freeman. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8977956. Filed by Terry Brown. (Freeman, Emma) |
|
|
attyadm
Clerk's Review of Pro Hac Vice Motion
Wed 06/14 3:17 PM
Clerk's Review of Motion for Leave to Appear Pro Hac Vice . Pro Hac Vice admission requested by attorney Emma Lerner Freeman. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-897795629 : Reviewed and Ready for Ruling. (ecp) |
||
| Monday, June 12, 2023 | ||
|
order
Order on Motion for Extension of Time
Mon 06/12 12:14 PM
ORDER: Plaintiff's Unopposed Motion for Extension of Time to Respond, ECF27 , is GRANTED. Plaintiff's response to defendant Union Pacific Railroad Company's Motion to Compel Arbitration is now due June 30, 2023. Ordered by Judge Adrienne Nelson. (joha) |
||
| Thursday, June 08, 2023 | ||
| 27 | 27
motion
Extension of Time
Thu 06/08 2:41 PM
Unopposed Motion for Extension of Time for Plaintiff to Respond to Defendant Union Pacific Mtn to Compel Arb . Filed by Terry Brown. (Bovarnick, Paul) |
|
|
Att: 1
Proposed Document Declaration of Paul S. Bovarnick
|
||
| Wednesday, June 07, 2023 | ||
| 26 | 26
answer
Answer to Amended Complaint
Wed 06/07 4:01 PM
Answer to21 Amended Complaint and Affirmative Defenses to Plaintiff's First Amended Complaint . Filed by Portland Terminal Railroad Company. (Falcone, Elizabeth) |
|
| Tuesday, June 06, 2023 | ||
|
attyadm
Clerk's Review of Pro Hac Vice Motion
Tue 06/06 9:15 AM
Clerk's Review of Motion for Leave to Appear Pro Hac Vice . Pro Hac Vice admission requested by attorney Jennifer Lee. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-896489624 : Reviewed and Ready for Ruling. (ecp) |
||
|
order
Leave to Appear Pro Hac Vice
Tue 06/06 10:48 AM
ORDER: Granting Motion for Leave to Appear Pro Hac Vice 24 . Ordered by Judge Adrienne Nelson. (joha) |
||
| Monday, June 05, 2023 | ||
| 24 | 24
motion
Leave to Appear Pro Hac Vice
Mon 06/05 4:28 PM
Motion for Leave to Appear Pro Hac Vice . Pro Hac Vice admission requested by attorney Jennifer Lee. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8964896. Filed by Terry Brown. (Lee, Jennifer) |
|
| Friday, June 02, 2023 | ||
| 23 | 23
oth_sup
Declaration
Fri 06/02 4:23 PM
Declaration of Trevor Kingston In Support of Motion to Compel Arbitration . Filed by Union Pacific Railroad Company. (Walsh, William) |
|
| 22 | 22
motion
Compel
Fri 06/02 4:21 PM
Motion to Compel Arbitration . Filed by Union Pacific Railroad Company. (Walsh, William) |
|
|
Att: 1
Proposed Order
|
||
| Wednesday, May 24, 2023 | ||
| 21 | 21
cmp
Amended Complaint (ALL CASE TYPES)
Wed 05/24 7:49 AM
First Amended Complaint . Filed by Terry Brown against Terry Brown. (Bovarnick, Paul) |
|
| Monday, May 22, 2023 | ||
|
order
Order on Motion for Leave to File AmendedComplaint/Petition
Mon 05/22 2:55 PM
ORDER: Plaintiff's Motion for Leave to File Amended Complaint, ECF18 , is GRANTED. Ordered by Judge Adrienne Nelson. (joha) |
||
| Thursday, May 18, 2023 | ||
| 19 | 19
oth_sup
Declaration
Thu 05/18 5:49 AM
Declaration of Paul S. Bovarnick in Support of Motion for Leave to File First Amended Complaint . Filed by Terry Brown. (Bovarnick, Paul) |
|
| 18 | 18
motion
Amend Complaint/Petition
Thu 05/18 5:46 AM
Motion for Leave to File Amended Complaint/Petition Motion for Leave to File First Amended Complaint . Filed by Terry Brown. (Bovarnick, Paul) |
|
|
Att: 1
Attachment First Amended Complaint
|
||
| Monday, March 13, 2023 | ||
| 17 | 17
oth_doc
Corporate Disclosure Statement
Mon 03/13 11:48 AM
Corporate Disclosure Statement . Filed by Portland Terminal Railroad Company. (Falcone, Elizabeth) |
|
| Friday, March 10, 2023 | ||
| 16 | 16
service
Summons/Service Return (All Types)
Mon 03/13 10:24 AM
Return of Service Executed as to Portland Terminal Railroad Company and Union Pacific Railroad Company served on 2/7/2023, answer due on 2/28/2023. (sb) |
|
| Tuesday, March 07, 2023 | ||
| 15 | 15
answer
Answer to Complaint
Tue 03/07 3:36 PM
Answer to1 Complaint, and Affirmative Defenses to Complaint Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Filed by Portland Terminal Railroad Company. (Falcone, Elizabeth) |
|
| 14 | 14
notice
Attorney Substitution
Tue 03/07 12:08 PM
Notice of Attorney Substitution: Elizabeth A. Falcone is substituted as counsel of record in place of Attorney Karl Neumann and William H. Walsh . Filed by on behalf of Portland Terminal Railroad Company. (Falcone, Elizabeth) |
|
| Monday, March 06, 2023 | ||
| 13 | 13
answer
Answer to Complaint
Mon 03/06 3:18 PM
Answer to1 Complaint, Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Filed by Union Pacific Railroad Company. (Walsh, William) |
|
| Monday, February 27, 2023 | ||
| 12 | 12
oth_evt
Case Reassignment Notice - FORM EVENT
Mon 02/27 3:22 PM
Notice of Case Reassignment: This case has been reassigned from Judge Michael W. Mosman to Judge Adrienne C. Nelson. (eo) |
|
| Friday, February 10, 2023 | ||
| 11 | 11
oth_doc
Corporate Disclosure Statement
Fri 02/10 10:51 AM
Corporate Disclosure Statement . Filed by Union Pacific Railroad Company. (Walsh, William) |
|
| Wednesday, February 08, 2023 | ||
| 9 | 9
notice
Attorney Appearance
Wed 02/08 4:32 PM
Notice of Appearance of William H. Walsh appearing on behalf of Portland Terminal Railroad Company, Union Pacific Railroad Company . Filed by on behalf of Portland Terminal Railroad Company, Union Pacific Railroad Company. (Walsh, William) |
|
| 8 | 8
refund
Request for Refund of Fees Paid Electronically
Wed 02/08 3:01 PM
Request for Refund of Fees Paid Electronically regarding Refund Request Due, 4 . Filed by Terry Brown. (Bovarnick, Paul) |
|
|
Att: 1
Receipt,
|
||
|
Att: 2
Notice of Duplicate Payment
|
||
|
oth_evt
Refund Request Due
Wed 02/08 4:41 PM
|
||
| Tuesday, January 31, 2023 | ||
| 6 | 6
motion
Leave to Appear Pro Hac Vice
Tue 01/31 2:27 PM
Motion for Leave to Appear Pro Hac Vice . Pro Hac Vice admission requested by attorney Kathryn Averwater. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8804246. Filed by Terry Brown. (Averwater, Kathryn) |
|
|
Att: 1
Attachment Certificate of Service
|
||
| 5 | 5
motion
Leave to Appear Pro Hac Vice
Tue 01/31 1:58 PM
Motion for Leave to Appear Pro Hac Vice . Pro Hac Vice admission requested by attorney Nicholas Thompson. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8804123. Filed by Terry Brown. (Thompson, Nicholas) |
|
|
Att: 1
Attachment Certificate of Service
|
||
|
attyadm
Clerk's Review of Pro Hac Vice Motion
Tue 01/31 2:43 PM
Clerk's Review of Motion for Leave to Appear Pro Hac Vice . Pro Hac Vice admission requested by attorney Nicholas Thompson. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-88041235 : Reviewed and Ready for Ruling. (ecp) |
||
|
attyadm
Clerk's Review of Pro Hac Vice Motion
Tue 01/31 2:44 PM
Clerk's Review of Motion for Leave to Appear Pro Hac Vice . Pro Hac Vice admission requested by attorney Kathryn Averwater. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-88042466 : Reviewed and Ready for Ruling. (ecp) |
||
|
order
Leave to Appear Pro Hac Vice
Tue 01/31 2:53 PM
ORDER: Granting Motion for Leave to Appear Pro Hac Vice 5 and6 . Attorney Nicholas Thompson and Kathryn Averwater added. Ordered by Judge Michael W. Mosman. (kms) |
||
| Thursday, January 26, 2023 | ||
| 3 | 3
service
Summons Issued
Thu 01/26 10:26 AM
Summons Issued Electronically as to Portland Terminal Railroad Company, Union Pacific Railroad Company. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (sb) |
|
|
oth_evt
Refund Request Due
Thu 01/26 10:49 AM
A duplicate payment in the amount of $402.00 was submitted by Terry Brown in the above-referenced case. For information on refund procedures, visit[LINK:Requesting a Refund of Electronically Paid Fees] on the Court's website. Refund Request is Due 2/6/2023. (nd) |
||
| Wednesday, January 25, 2023 | ||
| 2 | 2
order
3 - Discovery and Pretrial Scheduling Order - FORM EVENT
Wed 01/25 4:11 PM
Notice of Case Assignment to Judge Michael W. Mosman and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5 . Discovery is to be completed by 5/25/2023. Joint Alternate Dispute Resolution Report is due by 6/26/2023. Pretrial Order is due by 6/26/2023. Ordered by Judge Michael W. Mosman. (sb) |
|
| 1 | 1
7
pgs
cmp
Complaint
Wed 01/25 11:55 AM
Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-8797331 Jury Trial Requested: Yes. Filed by Terry Brown against All Defendants. (Bovarnick, Paul) (PDFs of attachments 1, 2, and 3 replaced on 1/25/2023. Documents were not complete or were not flattened.) (eo) |
|
|
Att: 1
Civil Cover Sheet,
|
||
|
Att: 2
Proposed Summons,
|
||
|
Att: 3
Proposed Summons
|
||