The Department of Transportation of the State of Illinois v. Union Pacific Railroad Company et al
| Illinois Southern District Court | |
| Judge: | Nancy J Rosenstengel |
| Case #: | 3:24-cv-00614 |
| Nature of Suit | 210 Real Property - Land Condemnation |
| Cause | 28:1331 Fed. Question |
| Case Filed: | Feb 29, 2024 |
| Terminated: | Dec 06, 2024 |
| Case in other court: | Jefferson County, IL, 2024ED1 |
| Last checked: Tuesday Aug 27, 2024 3:34 AM CDT |
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Defendant
Union Pacific Railroad Company
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Represented By
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Defendant
Unknown Owners and Nonrecord Claimants
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Defendant
Bob Watt
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Plaintiff
Department of Transportation of the State of Illinois
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Represented By
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GPO
Dec 06 2024
ORDER GRANTING 17 Plaintiff's Motion to Remand. Defendant Union Pacific Railroad Company's 8 Motion to Dismiss is DENIED as moot and without prejudice. The Clerk's Office is ORDERED to mail a certified copy of this Memorandum and Order to the clerk of the Circuit Court of the Second Judicial Circuit, Jefferson County, Illinois. Signed by Chief Judge Nancy J. Rosenstengel on 12/6/2024. (dkb). |
| Docket last updated: 08/01/2025 11:59 PM CDT |
| Monday, January 13, 2025 | ||
| 36 | 36
misc
Letter
Mon 01/13 3:45 PM
Acknowledgment letter from Jefferson County, IL regarding case transfer. (clw) |
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| Friday, December 06, 2024 | ||
| 35 | 35
misc
Letter
Fri 12/06 1:07 PM
Letter to Jefferson County, Illinois State Court regarding Order Remanding Case (clw) |
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| 34 | 34
15
pgs
order
Order ~Util - Terminate Motions
Fri 12/06 12:03 PM
ORDER GRANTING17 Plaintiff's Motion to Remand. Defendant Union Pacific Railroad Company's8 Motion to Dismiss is DENIED as moot and without prejudice. The Clerk's Office is ORDERED to mail a certified copy of this Memorandum and Order to the clerk of the Circuit Court of the Second Judicial Circuit, Jefferson County, Illinois. Signed by Chief Judge Nancy J. Rosenstengel on 12/6/2024. (dkb) |
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| Tuesday, May 28, 2024 | ||
| 33 | 33
minutes
Motion Hearing Motions Taken Under Advisement
Tue 05/28 3:16 PM
Minute Entry for proceedings held before Chief Judge Nancy J. Rosenstengel: Motion Hearing held via video conference on 5/28/2024 re17 Motion to Remand to State Court. Argument heard. Motion taken under advisement. Order to issue. (Court Reporter Stephanie Rennegarbe.) (drb) |
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| Friday, May 24, 2024 | ||
| 32 | 32
notice
Notice (Other)
Fri 05/24 10:36 AM
NOTICE by Department of Transportation of the State of Illinois re17 MOTION to Remand to State Court (Sanders, Elisha) |
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| Friday, May 10, 2024 | ||
| 31 | 31
respm
Reply to Response to Motion
Fri 05/10 4:42 PM
REPLY to Response to Motion re17 MOTION to Remand to State Court filed by Department of Transportation of the State of Illinois. (Sanders, Elisha) |
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| Thursday, May 09, 2024 | ||
| 30 | 30
order
Order
Thu 05/09 11:19 AM
AMENDED ORDER: A hearing as to17 Motion to Remand to State Court is SET for 5/28/2024 at 1:30 PM via video conference before Chief Judge Nancy J. Rosenstengel. Information regarding the video conference will be sent via email all parties. Access to non-testimonial portions of this hearing will be available to the public by calling 571-353-2301 ; (2) when prompted, enter the AMENDED Call ID: 459732554 . Signed by Chief Judge Nancy J. Rosenstengel on 5/9/2024. (drb) |
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| Tuesday, May 07, 2024 | ||
| 29 | 29
order
Order ~Util - Terminate Motions ~Util - Set Motion and R&R Deadlines/Hearings
Tue 05/07 1:43 PM
ORDER: A hearing as to17 Motion to Remand to State Court is SET for 5/28/2024 at 1:30 PM via video conference before Chief Judge Nancy J. Rosenstengel. Information regarding the video conference will be sent via email all parties. Access to non-testimonial portions of this hearing will be available to the public by calling 571-353-2301 ; (2) when prompted, enter the Call ID: 583388434. Signed by Chief Judge Nancy J. Rosenstengel on 5/7/2024. (drb) |
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| Monday, April 29, 2024 | ||
| 28 | 28
order
Order on Motion to Withdraw
Mon 04/29 3:21 PM
ORDER GRANTING24 the Illinois Department of Transportation's ("IDOT") unopposed Motion to Withdraw its Motion for Immediate Vesting of Title. This Order is without prejudice to refiling after the Court rules on17 IDOT's pending Motion to Remand. Signed by Chief Judge Nancy J. Rosenstengel on 4/29/2024. (dkb) |
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| 27 | 27
notice
Notice Regarding Filing
Mon 04/29 8:37 AM
NOTICE REGARDING FILING re26 Motion for Miscellaneous Relief filed by Union Pacific Railroad Company. When pleadings contain multiple attorney signatures, the non-filing attorney must include the language with consent with his/her signature. See Section 2.1 of the CM/ECF Users Manual. This notice is for informational purposes and therefore no action is required. (clw) |
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| Friday, April 26, 2024 | ||
| 26 | 26
motion
Miscellaneous Relief
Fri 04/26 5:49 PM
MOTION Joint Motion for Oral Argument by Union Pacific Railroad Company. (Mendoza, Riley) |
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| 25 | 25
25
pgs
respm
Memorandum in Opposition to Motion
Fri 04/26 5:45 PM
MEMORANDUM in Opposition re17 MOTION to Remand to State Court Union Pacific Railroad Company's Opposition to Plaintiff's Motion to Remand filed by Union Pacific Railroad Company.(Mendoza, Riley) |
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Att: 1
Exhibit 1 (Friesen Decl.)
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| Thursday, April 25, 2024 | ||
| 24 | 24
motion
Withdraw
Thu 04/25 4:42 PM
MOTION to Withdraw Plaintiff's Motion for Immediate Vesting of Title by The Department of Transportation of the State of Illinois. (Sanders, Elisha) |
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| Monday, April 01, 2024 | ||
| 23 | 23
order
Order on Motion for Extension of Time to File Response/Reply
Mon 04/01 6:47 PM
ORDER GRANTING16 the Illinois Department of Transportation's unopposed Motion for an Extension of Time to respond to8 Union Pacific Railroad Company's MOTION to Dismiss. The Illinois Department of Transportation shall have 30 days from the date of this Court's ruling on17 the Motion to Remand to respond to Union Pacific's Motion to Dismiss. Signed by Chief Judge Nancy J. Rosenstengel on 4/1/2024. (dkb) |
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| 22 | 22
order
Order on Motion to Appear Pro Hac Vice
Mon 04/01 11:16 AM
ORDER granting21 Motion to Appear Pro Hac Vice for attorney Murdoch on behalf of The Department of Transportation of the State of Illinois. Signed on 4/1/2024. (clw) |
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| 21 | 21
motion
Pro Hac Vice
Mon 04/01 10:16 AM
MOTION to Appear Pro Hac Vice by Attorney Christopher James Murdoch $200 fee paid,receipt number AILSDC-5352699 by on behalf of The Department of Transportation of the State of Illinois. (Murdoch, Christopher) |
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| 20 | 20
order
Order on Motion to Appear Pro Hac Vice
Mon 04/01 9:06 AM
ORDER granting19 Motion to Appear Pro Hac Vice for attorney Felder on behalf of The Department of Transporation of the State of Illinois. Signed on 4/1/2024. (clw) |
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| Friday, March 29, 2024 | ||
| 19 | 19
motion
Pro Hac Vice
Fri 03/29 6:09 PM
MOTION to Appear Pro Hac Vice by Attorney Douglas Graham Felder by on behalf of The Department of Transportation of the State of Illinois. (Felder, Douglas) |
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| 18 | 18
30+
pgs
respm
Memorandum in Support of Motion
Fri 03/29 4:50 PM
MEMORANDUM in Support re17 MOTION to Remand to State Court filed by The Department of Transportation of the State of Illinois. (Sanders, Elisha) |
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| 17 | 17
motion
Remand to State Court
Fri 03/29 4:31 PM
MOTION to Remand to State Court by The Department of Transportation of the State of Illinois. (Sanders, Elisha) |
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| 16 | 16
motion
Extension of Time to File Response/Reply
Fri 03/29 4:30 PM
MOTION for Extension of Time to File Response/Reply as to8 MOTION to Dismiss for Failure to State a Claim by The Department of Transportation of the State of Illinois. (Sanders, Elisha) |
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| 15 | 15
notice
Notice of Appearance
Fri 03/29 2:33 PM
NOTICE of Appearance by Casey L. Twomey on behalf of The Department of Transportation of the State of Illinois (Twomey, Casey) |
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| 14 | 14
notice
Notice of Appearance
Fri 03/29 2:05 PM
NOTICE of Appearance by Joanne F. Fehn on behalf of The Department of Transportation of the State of Illinois (Fehn, Joanne) |
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| 13 | 13
notice
Notice of Appearance
Fri 03/29 1:36 PM
NOTICE of Appearance by Jonathan D Nusgart on behalf of The Department of Transportation of the State of Illinois (Nusgart, Jonathan) |
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| 12 | 12
notice
Notice of Appearance
Fri 03/29 1:30 PM
NOTICE of Appearance by Elisha Deen Sanders on behalf of The Department of Transportation of the State of Illinois (Sanders, Elisha) |
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| Wednesday, March 13, 2024 | ||
| 11 | 11
respm
Response
Wed 03/13 2:57 PM
RESPONSE in Opposition to IDOT's Motion for Immediate Vesting of Title filed by Union Pacific Railroad Company. (Mendoza, Riley) |
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| Friday, March 08, 2024 | ||
| 10 | 10
order
Order of Recusal
Fri 03/08 7:40 AM
ORDER OF RECUSAL. Judge J. Phil Gilbert recused. Case reassigned to Chief Judge Nancy J. Rosenstengel for all further proceedings. Signed by Judge J. Phil Gilbert on 3/8/2024. (jdh) |
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| Thursday, March 07, 2024 | ||
| 9 | 9
notice
Notice Terminating Judge Assignment
Thu 03/07 3:07 PM
NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order Nos. 347 and 367, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Judge J. Phil Gilbert for further proceedings. Magistrate Judge Mark A. Beatty no longer assigned to the case. All future documents must bear case number 3:24-cv-614-JPG. (adh) |
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| 8 | 8
motion
Dismiss for Failure to State a Claim
Thu 03/07 1:57 PM
MOTION to Dismiss for Failure to State a Claim by Union Pacific Railroad Company. (Mendoza, Riley) |
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| 7 | 7
misc
Consent/Non-Consent to US Magistrate Judge
Thu 03/07 1:54 PM
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Mendoza, Riley) |
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| Friday, March 01, 2024 | ||
| 6 | 6
order
Order on Motion to Appear Pro Hac Vice
Fri 03/01 9:59 AM
ORDER granting5 Motion to Appear Pro Hac Vice for attorney Tobias S. Loss-Eaton on behalf of Union Pacific Railroad Company. Signed on 3/1/2024. (clw) |
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| Thursday, February 29, 2024 | ||
| 5 | 5
motion
Pro Hac Vice
Thu 02/29 4:15 PM
MOTION to Appear Pro Hac Vice by Attorney Tobias S. Loss-Eaton $200 fee paid,receipt number AILSDC-5326471 by on behalf of Union Pacific Railroad Company.(Loss-Eaton, Tobias) |
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Att: 1
Exhibit Certificate of good standing
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notice
Notice of Initial Magistrate Assignment
Thu 02/29 3:49 PM
NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Mark A. Beatty pursuant to Administrative Orders 347 and 367. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order Nos. 347 and 367, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or non-consent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: The Department of Transportation of the State of Illinois, Union Pacific Railroad Company. A link regarding the magistrate judges in this district is attached for your convenience:[LINK:https://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf] . All future documents must bear case number 24-CV-614-MAB. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 3/21/2024 (clw) Modified on 2/29/2024 (clw) |
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| 3 | 3
misc
Disclosure Statement
Thu 02/29 1:59 PM
Federal Rule of Civil Procedure 7.1 Disclosure Statement by Union Pacific Railroad Company identifying Corporate Parent Union Pacific Corporation for Union Pacific Railroad Company. (Mendoza, Riley) |
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| 2 | 2
notice
Notice of Appearance
Thu 02/29 1:55 PM
NOTICE of Appearance by Riley Caroline Mendoza on behalf of Union Pacific Railroad Company (Mendoza, Riley) |
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| 1 | 1
notice
Notice of Removal
Thu 02/29 1:49 PM
NOTICE OF REMOVAL from Circuit Court of Second Judicial Circuit, case number 2024ED1 ( Filing fee $ 405 receipt number AILSDC-5326166), filed by Union Pacific Railroad Company. |
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Att: 1
Exhibit A (State Court Pleadings,
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Att: 2
Exhibit B (State Court Docket Sheet),
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Att: 3
Exhibit C (State Court Notice of Filing),
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Att: 4
Exhibit D (Morgan Decl.),
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Att: 5
Exhibit E (Friesen Decl.),
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Att: 6
Exhibit F (Chapman Decl.),
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Att: 7
Civil Cover Sheet)(Mendoza, Riley
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