LeDure v. Union Pacific Railroad Company, No. 20-807 [Arg: 03.28.2022]
Issue(s): Whether a locomotive is in use on a railroad’s line and subject to the Locomotive Inspection Act and its safety regulations when its train makes a temporary stop in a railyard as part of its unitary journey in interstate commerce, or whether such use does not resume until the locomotive has left the yard as part of a fully assembled train, as held by the U.S. Court of Appeals for the 7th Circuit below, contrary to the decisions of the Supreme Court and other circuits.
QUESTION PRESENTED:
Whether a locomotive is in use on a railroad’s line and subject to the Locomotive Inspection Act and its safety regulations when its train makes a temporary stop in a railyard as part of its unitary journey in interstate commerce, or whether such use does not resume until the locomotive has left the yard as part of a fully assembled train, as held by the U.S. Court of Appeals for the 7th Circuit below, contrary to the decisions of the Supreme Court and other circuits.
Date Proceedings and Orders
Dec 10 2020 | Petition for a writ of certiorari filed. (Response due January 14, 2021)
Dec 28 2020 | Brief amici curiae of Sheet Metal, Air, Rail Transportation Workers, et al. filed.
Jan 10 2021 | Certificate of service filed with respect to amici curiae brief of Sheet Metal, Air, Rail Transportation Workers, et al.
Jan 10 2021 | Certificate of compliance filed with respect to brief amici curiae brief of Sheet Metal, Air, Rail Transportation Workers, et al. .
Jan 27 2021 | DISTRIBUTED for Conference of 2/19/2021.
Feb 01 2021 | Waiver of right of respondent Union Pacific Railroad Company to respond filed.
Feb 08 2021 | Response Requested. (Due March 10, 2021)
Mar 02 2021 | Motion to extend the time to file a response from March 10, 2021 to April 9, 2021, submitted to The Clerk.
Mar 03 2021 | Motion to extend the time to file a response is granted and the time is extended to and including April 9, 2021.
Apr 09 2021 | Brief of respondent Union Pacific Railroad Company in opposition filed.
Apr 23 2021 | Reply of petitioner Bradley LeDure filed. (Distributed)
Apr 27 2021 | DISTRIBUTED for Conference of 5/13/2021.
May 17 2021 | The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Barrett took no part in the consideration of this petition.
Nov 09 2021 | Brief amicus curiae of United States filed.
Nov 23 2021 | DISTRIBUTED for Conference of 12/10/2021.
Dec 15 2021 | Petition GRANTED limited to Question 1 presented by the petition. Justice Barrett took no part in the consideration or decision of this petition.
Jan 26 2022 | Record requested from the U.S.C.A. 7th Circuit.
Jan 28 2022 | ARGUMENT SET FOR Monday, March 28, 2022.
Jan 31 2022 | Brief of petitioner Bradley LeDure filed.
Jan 31 2022 | Joint appendix filed. (Statement of costs filed)
Jan 31 2022 | The record from the U.S.C.A. 7th Circuit is electronic and located on Pacer.
Feb 07 2022 | Brief amicus curiae of United States filed.
Feb 07 2022 | Amicus brief of Sheet Metal, Air, Rail Transportation Workers, et al. not accepted for filing.(Corrected version submitted) (February 09, 2022)
Feb 07 2022 | Brief amici curiae of Sheet Metal, Air, Rail Transportation Workers-Transportation Division, et al. filed.
Feb 11 2022 | CIRCULATED
Feb 15 2022 | The record from the U.S.D.C. Southern District of Illinois is electronic and located on Pacer.
Mar 02 2022 | Brief of respondent Union Pacific Railroad Company filed. (Distributed)
Mar 07 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Mar 09 2022 | Brief amicus curiae of Association of American Railroads filed. (Distributed)
Mar 09 2022 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)
Mar 18 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED. Justice Barrett took no part in the consideration or decision of this motion.
Mar 18 2022 | Reply of petitioner Bradley LeDure filed. (Distributed)
Mar 28 2022 | Argued. For petitioner: David C. Frederick, Washington, D. C.; and Colleen E. Sinzdak, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: J. Scott Ballenger, Washington, D. C.
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Whether a locomotive is in use on a railroad’s line and subject to the Locomotive Inspection Act and its safety regulations when its train makes a temporary stop in a railyard as part of its unitary journey in interstate commerce, or whether such use does not resume until the locomotive has left the yard as part of a fully assembled train, as held by the U.S. Court of Appeals for the 7th Circuit below, contrary to the decisions of the Supreme Court and other circuits.
Date Proceedings and Orders
Dec 10 2020 | Petition for a writ of certiorari filed. (Response due January 14, 2021)
Dec 28 2020 | Brief amici curiae of Sheet Metal, Air, Rail Transportation Workers, et al. filed.
Jan 10 2021 | Certificate of service filed with respect to amici curiae brief of Sheet Metal, Air, Rail Transportation Workers, et al.
Jan 10 2021 | Certificate of compliance filed with respect to brief amici curiae brief of Sheet Metal, Air, Rail Transportation Workers, et al. .
Jan 27 2021 | DISTRIBUTED for Conference of 2/19/2021.
Feb 01 2021 | Waiver of right of respondent Union Pacific Railroad Company to respond filed.
Feb 08 2021 | Response Requested. (Due March 10, 2021)
Mar 02 2021 | Motion to extend the time to file a response from March 10, 2021 to April 9, 2021, submitted to The Clerk.
Mar 03 2021 | Motion to extend the time to file a response is granted and the time is extended to and including April 9, 2021.
Apr 09 2021 | Brief of respondent Union Pacific Railroad Company in opposition filed.
Apr 23 2021 | Reply of petitioner Bradley LeDure filed. (Distributed)
Apr 27 2021 | DISTRIBUTED for Conference of 5/13/2021.
May 17 2021 | The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Barrett took no part in the consideration of this petition.
Nov 09 2021 | Brief amicus curiae of United States filed.
Nov 23 2021 | DISTRIBUTED for Conference of 12/10/2021.
Dec 15 2021 | Petition GRANTED limited to Question 1 presented by the petition. Justice Barrett took no part in the consideration or decision of this petition.
Jan 26 2022 | Record requested from the U.S.C.A. 7th Circuit.
Jan 28 2022 | ARGUMENT SET FOR Monday, March 28, 2022.
Jan 31 2022 | Brief of petitioner Bradley LeDure filed.
Jan 31 2022 | Joint appendix filed. (Statement of costs filed)
Jan 31 2022 | The record from the U.S.C.A. 7th Circuit is electronic and located on Pacer.
Feb 07 2022 | Brief amicus curiae of United States filed.
Feb 07 2022 | Amicus brief of Sheet Metal, Air, Rail Transportation Workers, et al. not accepted for filing.(Corrected version submitted) (February 09, 2022)
Feb 07 2022 | Brief amici curiae of Sheet Metal, Air, Rail Transportation Workers-Transportation Division, et al. filed.
Feb 11 2022 | CIRCULATED
Feb 15 2022 | The record from the U.S.D.C. Southern District of Illinois is electronic and located on Pacer.
Mar 02 2022 | Brief of respondent Union Pacific Railroad Company filed. (Distributed)
Mar 07 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Mar 09 2022 | Brief amicus curiae of Association of American Railroads filed. (Distributed)
Mar 09 2022 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)
Mar 18 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED. Justice Barrett took no part in the consideration or decision of this motion.
Mar 18 2022 | Reply of petitioner Bradley LeDure filed. (Distributed)
Mar 28 2022 | Argued. For petitioner: David C. Frederick, Washington, D. C.; and Colleen E. Sinzdak, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: J. Scott Ballenger, Washington, D. C.
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