FD 35652
Docket Yard · docketyard.org/d/FD-35652 · entries shown: all, newest first
DIANA DEL GROSSO, RAY SMITH, JOSEPH HATCH, CHERYL HATCH, KATHELEEN KELLEY, ANDREW WILKLUND, AND RICHARD KOSIBA--PETITION FOR DECLARATORY ORDER
Caption from the Board’s record.
38 filings, 12 decisions and 0 environmental comments observed here; last checked 10 Oct 2026, 22:06 UTC; last new entry 26 Aug 2026, 15:45 UTC.
Entries
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served (printed as 8/16/2017)DecisionPROVIDED NOTICE THAT THE FOLLOWING COURT ACTION WAS INSTITUTED ON AUGUST 7, 2017, IN THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT.
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served (printed as 7/31/2017)Decision45854Entire BoardDECISION ON REMAND FROM A DECISION OF THE U.S. COURT OF APPEALS FOR THE FIRST CIRCUIT, THE BOARD DETERMINED THAT CERTAIN ACTIVITIES PERFORMED AT A RAIL-TRUCK TRANSLOADING FACILITY IN UPTON, MASS., ARE SERVICES RELATED TO THE MOVEMENT OF PROPERTY BY RAIL AND THUS ARE WITHIN THE STATUTORY DEFINITION OF 'TRANSPORTATION' IN 49 U.S.C. § 10102(9).
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(printed as 3/9/2017)Reply242781ReplyGrafton & Upton Railroad Company
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(printed as 1/9/2017)Reply242390ReplyDiana Del Grosso, Ray Smith, Joseph Hatch, Cheryl Hatch, Katheleen Kelley, Andrew Wilklund, And Richard Kosiba
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(printed as 12/8/2016)Reply242218ReplyGrafton & Upton Railroad Company
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(printed as 10/24/2016)Statement241839Opening StatementDiana Del Grosso, Ray Smith, Joseph Hatch, Cheryl Hatch, Katheleen Kelley, Andrew Wilklund, And Richard Kosiba
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served (printed as 8/25/2016)DecisionDECISION CORRECTED THE DUE DATES ADOPTED IN THIS PROCEEDING.
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served (printed as 8/23/2016)DecisionDECISION ADOPTED A PROCEDURAL SCHEDULE IN THIS PROCEEDING.
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(printed as 7/15/2016)Motion241116Motion/Petition/RequestGrafton & Upton Railroad Company, Diana Del Grosso, Ray Smith, Joseph Hatch, Cheryl Hatch, Katheleen Kelley, Andrew Wilklund, And Richard Kosiba
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served (printed as 6/21/2016)DecisionDECISION: (1) DIRECTED DIANA DEL GROSSO, RAY SMITH, JOSEPH HATCH, CHERYL HATCH, KATHLEEN KELLEY, ANDREW WILKLUND, RICHARD KOSIBA AND GRAFTON AND UPTON RAILROAD TO CONFER AND SUBMIT A PROPOSED PROCEDURAL SCHEDULE BY JULY 21, 2016; AND (2) DIRECTED THE PARTIES TO ADVISE THE BOARD BY JULY 21, 2016 IF THEY WISH TO ALLOW THE RECORD TO STAND AS IT IS.
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(printed as 2/8/2016)Letter240066LetterDiana Del Grosso, Ray Smith, Joseph Hatch, Cheryl Hatch, Katheleen Kelley, Andrew Wilklund, And Richard Kosiba
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(printed as 2/4/2016)Reply239991ReplyGrafton & Upton Railroad Company
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served (printed as 1/22/2015)DecisionPROVIDED NOTICE THAT A COURT ACTION WAS INSTITUTED ON JANUARY 13, 2015, BEFORE THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT.
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served (printed as 12/5/2014)Decision42582Entire BoardDECISION FOUND THAT CERTAIN OPERATIONS CONDUCTED AT A BULK TRANSLOADING FACILITY IN THE TOWN OF UPTON, MASS. CONSTITUTE 'TRANSPORTATION BY RAIL CARRIER' AND THAT, THEREFORE, FEDERAL PREEMPTION APPLIES TO THOSE OPERATIONS.
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(printed as 4/16/2014)Reply235901ReplyGrafton & Upton Railroad Company
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(printed as 3/28/2014)Certificate235750Certificate Of ServiceDiana Del Grosso, Ray Smith, Joseph Hatch, Cheryl Hatch, Katheleen Kelley, Andrew Wilklund, And Richard Kosiba-
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(printed as 3/27/2014)Motion235703Motion/Petition/RequestDiana Del Grosso, Ray Smith, Joseph Hatch, Cheryl Hatch, Katheleen Kelley, Andrew Wilklund, And Richard Kosiba-
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(printed as 5/20/2013)Reply234270ReplyDiana Del Grosso, Ray Smith, Joseph Hatch, Cheryl Hatch, Katheleen Kelley, Andrew Wilklund, And Richard Kosiba-
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(printed as 5/20/2013)Reply234268ReplyDiana Del Grosso, Ray Smith, Joseph Hatch, Cheryl Hatch, Katheleen Kelley, Andrew Wilklund, And Richard Kosiba-
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served (printed as 5/8/2013)Decision43014Entire BoardDECISION DENIED A PETITION FILED BY SEVEN RESIDENTS OF THE TOWN OF UPTON, MASS., FOR RECONSIDERATION OF THE BOARD'S DECISION TO DENY DISCOVERY IN THIS PROCEEDING.
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(printed as 5/7/2013)Motion234170Motion To StrikeGrafton & Upton Railroad Company
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(printed as 4/24/2013)Statement234120Support StatementCitizens Of Upton Massachusetts
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(printed as 4/22/2013)Motion234106Motion To StrikeGrafton & Upton Railroad Company
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(printed as 4/15/2013)Letter234075LetterTown Of Upton Planning Board
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(printed as 3/26/2013)Comments233976CommentHonorable George N. Peterson, Jr.
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(printed as 3/18/2013)Comments233938CommentHonorable Michael O. Moore
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served (printed as 3/7/2013)DecisionDECISION SUSPENDED THE PROCEDURAL SCHEDULE IN THIS PROCEEDING PENDING FURTHER ORDER OF THE BOARD.
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(printed as 3/5/2013)Reply233911ReplyGrafton & Upton Railroad Company
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(printed as 3/5/2013)NoticeGrafton & Upton Railroad Company
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(printed as 3/5/2013)Comments233905CommentFrank S. Demasi
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(printed as 3/4/2013)Comments233901CommentDiana Del Grosso, Ray Smith, Joseph Hatch, Cheryl Hatch, Katheleen Kelley, Andrew Wilklund, And Richard Kosiba-
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served (printed as 3/1/2013)Decision42931Entire BoardDECISION GRANTED THE GRAFTON & UPTON RAILROAD COMPANY'S REQUEST TO REDESIGNATE ITS LEASE AGREEMENT, SUBMITTED UNDER SEAL IN THIS PROCEEDING AS 'HIGHLY CONFIDENTIAL.'
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(printed as 3/1/2013)Reply233876ReplyGrafton & Upton Railroad Company
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(printed as 2/28/2013)RequestDiana Del Grosso, Ray Smith, Joseph Hatch, Cheryl Hatch, Katheleen Kelley, Andrew Wilklund, And Richard Kosiba-
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(printed as 2/26/2013)Comments233848CommentAmerican Short Line And Regional Railroad Association
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(printed as 2/25/2013)Reply233844ReplyGrafton & Upton Railroad Company
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(printed as 2/13/2013)Motion233799Motion/Petition/RequestDiana Del Grosso, Ray Smith, Joseph Hatch, Cheryl Hatch, Katheleen Kelley, Andrew Wilklund, And Richard Kosiba-
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(printed as 2/13/2013)SubstitutionDiana Del Grosso, Ray Smith, Joseph Hatch, Cheryl Hatch, Katheleen Kelley, Andrew Wilklund, And Richard Kosiba-
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(printed as 1/31/2013)Misc.233762MiscellaneousGrafton & Upton Railroad Company
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served (printed as 1/24/2013)DecisionDECISION INSTITUTED A DECLARATORY ORDERING PROCEEDING.
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served (printed as 1/24/2013)DecisionDECISION GRANTED A MOTION FOR PROTECTIVE ORDER FILED BY GRAFTON & UPTON RAILROAD COMPANY.
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(printed as 9/17/2012)Motion232982Motion/Petition/RequestDiana Del Grosso, Ray Smith, Joseph Hatch, Cheryl Hatch, Katheleen Kelley, Andrew Wilklund, And Richard Kosiba-
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(printed as 9/13/2012)Motion232965Motion To StrikeGrafton & Upton Railroad Company
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(printed as 9/10/2012)Reply232948ReplyDiana Del Grosso, Ray Smith, Joseph Hatch, Cheryl Hatch, Katheleen Kelley, Andrew Wilklund, And Richard Kosiba-
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(printed as 9/10/2012)Reply232947ReplyDiana Del Grosso, Ray Smith, Joseph Hatch, Cheryl Hatch, Katheleen Kelley, Andrew Wilklund, And Richard Kosiba-
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(printed as 9/5/2012)Letter233212LetterGrafton & Upton Railroad Company
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(printed as 8/21/2012)Motion
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(printed as 8/21/2012)MotionDana Companies
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(printed as 8/21/2012)Reply232804ReplyGrafton & Upton Railroad Company
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(printed as 8/1/2012)MotionDiana Del Grosso, Ray Smith, Joseph Hatch, Cheryl Hatch, Katheleen Kelley, Andrew Wilklund, And Richard Kosiba-
Nothing of that kind in this docket.