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BNSF Railway Company v. Tennessee Department of Revenue et al, No. 3:13-cv-00912 (M.D. Tenn.)
Case Title: BNSF Railway Company v. Tennessee Department of Revenue et al
Case Type: Civil Case
Court: U.S. District Court for the Middle District of Tennessee
Index Number(s): 3:2013cv912, 3:13-cv-00912
Nature of Suit: Other Statutory Actions
Judge: Bernard A. Friedman
Magistrate Judge: Barbara D. Holmes
Case Opened: September 10, 2013
Case Closed May 8, 2017
Docket Entries
Date Filed Dkt # Entry Text
Oct 30, 2013 28 PRELIMINARY INJUNCTION: Consistent with the consent of the parties for entry of a Preliminary Injunction in the form below, and without prejudice to the claims or defenses of any of the parties to this action, it is hereby ORDERED that the Defendan ts TENNESSEE DEPARTMENT OF REVENUE, and RICHARD ROBERTS, in his official capacity as Commissioner of the Tennessee Department of Revenue, their agents, managers, supervisors, employees, and those in active concert and/or participation with them who receive actual notice of this Order by publication or otherwise, be and the same are hereby from assessing, levying, and/or collecting sales and use taxes on the purchases and use of diesel fuel by plaintiff BNSF Railway Company ("BNSF" ), pending entry of a final unappealable judgment in this case. Within sixty days after entry of a final unappealable judgment in Illinois Central Railroad Company v. Tennessee Department of Revenue and Reagan Farr, Commissioner of Revenue of the S tate of Tennessee, Civil No 3:10-0197, which presently is on appeal to the Sixth Circuit Court of Appeals, No. 13-6348, the parties shall file with this Court a status report indicating what further proceedings are necessary to resolve this case. As a condition of this Preliminary Injunction, the Plaintiff shall file monthly reports with Defendant Tennessee Department of Revenue reflecting the dollar amount of diesel fuel purchased or used by Plaintiff in Tennessee, pending final resolution of this action. As a further condition of this Preliminary Injunction, if no final unappealable judgment has been entered in this case within thirty months after entry of this Preliminary Injunction, Plaintiff and the Commissioner, consistent wit h Tenn. Code Ann. § 67-1-1501(b)(5), shall enter an extension of the statute of limitations applicable to the assessment, levy, and collection of sales and use taxes on BNSFs purchase and use of diesel fuel after October 16, 2013, as set forth in Tenn. Code Ann. § 67-1-1501(b), to the date that is one year after entry of a final unappealable judgment in this case. A copy of this Preliminary Injunction shall be served by plaintiff to all affected individuals and entities. The preliminary injunction hearing scheduled for October 30, 2013 at 10:00 a.m. is hereby cancelled. Signed by District Judge Kevin H. Sharp on 10/30/13. (af)
Document
Apr 17, 2014 35 ORDER: By July 18, 2014, the parties shall file another status report, indicating whether a ruling on the appeal has been made, and, if not, whether oral argument has been held and, if not, whether it has been scheduled, and, if so, for what date. Signed by Magistrate Judge Juliet E. Griffin on 4/17/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
Document
Aug 23, 2019 42 Main Document
Reopen Case
Aug 29, 2019 43 Main Document
Order on Motion to Reopen Case
Aug 30, 2019 44 Main Document
Order
Sep 4, 2019 45 Main Document
Miscellaneous Relief
Sep 5, 2019 46 Main Document
Order on Motion for Miscellaneous Relief
Sep 24, 2019 48 Main Document
Order
Oct 4, 2019 50 Main Document
Miscellaneous Relief
Oct 4, 2019 51 Main Document
Order Administratively Closing Case

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