Braaksma v. Union Pacific Railroad Company
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|Date Filed||#||Document Text|
|November 5, 2010
ORDER, re 34 Order on Motion to Dismiss, & Defendant's Response to that Order reflecting it had lost $2,011.00 in costs & fees, the Court directs that if Plaintiffs refile this case - in any state or federal court - they must pay $2, 011.00 to the Defendant within 30 days of any refiling. If Plaintiffs do not pay this amount within the time provided, the Defendant may move the Court to reduce this Order to judgment forthwith & collect the certified amount from the Plaintiffs, including postjudgment interest & other relief the Court may properly award. Signed by Judge D. P. Marshall Jr. on 11/5/2010. (jct)
|September 13, 2010
ORDER granting without prejudice on a condition 31 Plaintiffs' Motion to Voluntarily Dismiss. Because the case has proceeded so far, the dismissal is conditioned upon Plaintiffs paying Defendant (w/i 30 days of any refiling) any Rule of Civil Procedure 54(d) costs & attorney's fees incurred in this case that will be sunk & lost by the nonsuit. Most of Defendant's costs & attorney's fees, of course, will not be lost - the answer, the mutual discovery & the motion papers ca n all be recycled if Plaintiffs refile. The parties should confer & try to stipulate to Defendant's lost costs & attorney's fees. If they cannot agree by 9/30/10, then Defendant should certify & file a list of what it believes to be its reasonable lost costs & fees. Plaintiffs should respond as soon as possible. The court will enter a further Order after considering the details. Signed by Judge D. P. Marshall Jr. on 9/13/2010. (jct)
|October 2, 2009
ORDER granting 9 Motion to Compel; Pltfs are directed to provide the ordered responses, on or before October 7, 2009. Signed by Judge Brian S. Miller on 10/2/09. (mkf)
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