Case: 1:14-cv-04244 Document #: 29 Filed: 06/17/14 Page 1 of 5 PagelD #:295

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
CENTERPOINT INTERMODAL LLC;
CENTER.POINT JOLIET TERMINAL
RAILROAD LLC; AMERICAN PRESIDENT
LINES, LTD.; APL LOGISTICS
TRANSPORTATION MANAGEMENT
SERVICES, LTD.; and UNION PACIFIC
RAILROAD COMPANY
Plaintiffs,
v.
THE VILLAGE OF ELWOOD,
Defendant.
Case No. 1:14-cv-4244
Hon. Gary Feinerman
AGREED MOTION FOR PRELIMINARY INJUNCTION
Plaintiffs CenterPoint Intermodal LLC, CenterPoint Joliet Terminal Railroad LLC,
American President Lines, Ltd., APL Logistics Transportation Management Services, Ltd., and
Union Pacific Railroad Company, (collectively, "Plaintiffs"), and The Village of Elwood
("Elwood" or "Defendant") (Plaintiffs and Defendant together "the Parties") jointly move for the
entry of a Preliminary Injunction pursuant to Federal Rule of Civil Procedure 65. In support of
their motion, the Parties state as follows:
1. On June 9, 2014, Plaintiffs filed a Complaint for Injunctive Relief and Motion for
Temporary Restraining Order and Preliminary Injunction regarding Elwood Ordinance No. 1027
("Ordinance").
2. On Friday, June 13, this Court held a hearing on Plaintiffs' request for Temporary
Restraining Order ("TRO") and entered a TRO (Dkt. # 28), temporarily prohibiting Elwood from
enforcing Elwood Ordinance No. 1027, and temporarily prohibiting any restrictions on truck
Case: 1:14-cv-04244 Document #: 29 Filed; 06/17/14 Page 2 of 5 PagelD #:296
traffic or access to the CenterPoint Intermodal Center, Union Pacific's Joliet Intermodal
Terminal, and American President Lines, Ltd.'s Chicago Global Gateway, among other items.
3. After granting the TRO, the Court ordered the Parties to submit written discovery
and propose a joint schedule for an expedited Preliminary Injunction hearing.
4. After the Court's ruling on the TRO, counsel for Elwood approached counsel for
Plaintiffs and proposed the Parties enter into an Agreed Order granting Plaintiffs' Motion for a
Preliminary Injunction thereby disposing of the need to conduct expedited discovery and a
Preliminary Injunction hearing. The Parties could then proceed on a trial on the merits in the
normal course.
5. Plaintiffs agree that dispensing with the Preliminary Injunction hearing would be
beneficial to all Parties, and agreed to Elwood's proposal.
6. Accordingly, Parties request entry of an order granting a Preliminary Injunction,
until a trial on the merits of this matter is completed, enjoining the Village of Elwood from: (i)
implementing or administering any provisions of Village of Elwood Ordinance No. 1027; and
(ii) prohibiting any restrictions on truck traffic or access to certain portions to the CenterPoint
Intermodal Center, Union Pacific's Joliet Intermodal Terminal, American President Lines, Ltd.'s
Chicago Global Gateway in any manner that was not previously implemented prior to the
enactment of Ordinance 1027.
7. Plaintiffs request the Court waive the requirement of a bond or, alternatively, set
the bond at a nominal amount, due to the low risk of material damages resulting from the agreed
upon preliminary injunction order being presented and the Plaintiffs' substantial financial
resources.
2
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8. Elwood leaves the necessity for and the amount of any bond to the discretion of
the Court.
WHEREFORE, Plaintiffs and Defendant jointly request entry of an Order granting their
Agreed Motion for a Preliminary Injunction, and that the requirement and maintenance of any
bond be at the discretion of the Court.
Dated: June 17, 2014 Respectfully submitted,
/s/Michael J. Scotti III
One of Its Attorneys
Michael J. Scotti, III
Marc H. Kallish
Eric B. Powers
FREEBORN &PETERS LLP
311 South Wacker Drive
Suite 3000
Chicago, IL 60606
(312) 360-6000
Attorneys for CenterPoint Intermodal LLC
and CenterPoint Joliet Terminal Railroad
LLC
/s/ Mark A. Huddle
One of Its Attorneys
Mark A. Huddle
Thomas I. Matyas
Aaron J. Hersh
Edwards Wildman Palmer LLP
225 W. Wacker Drive
Suite 2800
Chicago, IL 60606
(312) 201-2000
Attorneys for Plaintiff American President
Lines Ltd. and APL Logistics
Transportation Management Services, Ltd.
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Case: 1:14-cv-04244 Document #: 29 Filed: 06/17/14 Page 4 of 5 PagelD #:298
/s/ Elizabeth A. G. Shansky
One of Its Attorneys
Elizabeth A. G. Shansky
Tanya E. Springman
Union Pacific Railroad
101 North Wacker Drive
Room 1920
Chicago, TL 60606
(312) 777-2056
Attorneys for Plaintiff
Union Pacifr.c Railroad Company
/s/ Michael P. Connelly
One of Its Attorneys
Michael P. Connelly
Rock Fusco &Connelly, LLC
321 N. Clark Street
Suite 2200
Chicago, IL 60654
(312) 251-2255
Attorneys for Defendant
The Village of Elwood
Case: 1:14-cv-04244 Document #: 29 Filed: 06/17/14 Page 5 of 5 PagelD #:299
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Agreed Motion for Preliminary Injunction was
served on all counsel of record via the Northern District of Illinois, Eastern Division, ECF ding
system, this 17th day of June, 2014.
Michael P. Connelly
Rock Fusco &Connelly, LLC
321 N. Clark Street
Suite 2200
Chicago, IL 60654
Dated: June 17, 2014 /s/ Eric B. Powers
Case: 1:14-cv-04244 Document #: 29-1 Filed: 06/17/14 Page 1 of 2 PagelD #:300
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
CENTERPOINT INTERMODAL LLC;
CENTERPOINT JOLIET TERMINAL
RAILROAD LLC; AMERICAN PRESIDENT
LINES, LTD.; APL LOGISTICS
TRANSPORTATION MANAGEMENT
SERVICES, LTD.; and UNION PACIFIC
RAILROAD COMPANY
Plaintiffs,
v.
THE VILLAGE OF ELWOOD,
Defendant.
Case No. 1:14-cv-4244
Hon. Gary Feinerman
DRAFT PROPOSED ORDER REGARDING
AGREED MOTION FOR PRELIMINARY INJUNCTION
This matter comes before the court on the Parties' Joint Agreed Motion for a Preliminary
Injunction. Due notice having been given, the Court being fully advised in the premises, the
Court finds as follows:
1. The parties, CenterPoint Intermodal, LLC, CenterPoint Joliet Terminal Railroad
LLC, American President Lines, Ltd., APL Logistics Transportation Management Services, Ltd.,
Union Pacific Railroad Company and The Village of Elwood, agreed that a Preliminary
Injunction should be entered by this Court until such time that a full trial on the merits can be
conducted.
2. Plaintiffs request the Court waive the requirement of a bond or, alternatively, set
the bond at a nominal amount, due to the low risk of material damages resulting from the agreed
Case: 1:14-cv-04244 Document #: 29-1 Filed: 06/17/14 Page 2 of 2 PagelD #:301
upon preliminary injunction order being presented and the Plaintiffs' substantial financial
resources.
3. Elwood leaves the necessity for and the amount of any bond to the discretion of
the Court.
WHEREFORE, IT IS HEREBY ORDERED:
Ordinance 1027 is hereby stayed in its entirety: Defendant Village of Elwood is hereby
enjoined from implementing or administering any provisions of Ordinance 1027 and is hereby
ordered that, Defendant Village of Elwood is hereby prohibited from restricting truck traffic or
access to the CenterPoint Intermodal Center ("CIC"), Union Pacific's Joliet Intermodal
Terminal, American President Lines, Ltd.'s Chicago Global Gateway in any manner that was not
previously implemented prior to the enactment of Ordinance 1027, until a trial on the merits is
conducted or further order of the Court.
Further it is hereby Ordered:
The Court waives the requirement for a bond, due to the low risk of material
damages resulting from the agreed upon preliminary injunction order being presented and the
Plaintiffs' substantial financial resources.
The Court reduces the bond to due to the low risk of material
damages resulting from the agreed upon preliminary injunction order being presented and the
Plaintiffs' substantial financial resources.
Dated: June 17, 2014 /s/ Gary Feinerman
United States District Judge