Patriot Rail Corp. v. Sierra Railroad Company
Plaintiff: Patriot Rail Corp.
Defendant: Sierra Railroad Company
Case Number: 2:2009cv00009
Filed: December 31, 2008
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Edmund F. Brennan
Presiding Judge: Morrison C. England
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: Both
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Date Filed Document Text
May 23, 2016 Opinion or Order Filing 781 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 05/20/16 ORDERING that all dates and hearings are VACATED and this case is DISMISSED with prejudice, each member of the Group to bear its own costs and fees. CASE CLOSED (Benson, A)
April 1, 2016 Opinion or Order Filing 778 ORDER signed by Magistrate Judge Allison Claire on 03/31/16 ORDERING that non-parties' 771 Motion for Reconsideration is DENIED. (Benson, A)
March 29, 2016 Opinion or Order Filing 777 ORDER signed by Magistrate Judge Allison Claire on 3/28/2016 DENYING Pacific's 765 Motion for Reconsideration. (Zignago, K.)
March 10, 2016 Opinion or Order Filing 772 ORDER signed by Magistrate Judge Allison Claire on 3/9/16 ORDERING that any response to the motion 771 shall be filed no later than 3/24/2016, at which time the motion will be taken under submission without further briefing, or set for hearing. (Mena-Sanchez, L)
March 1, 2016 Opinion or Order Filing 769 ORDER signed by Magistrate Judge Allison Claire on 2/29/16 ORDERING that Sierra Railroad Co.'s response to the motion shall be filed no later than 3/15/16, at which time the motion will be taken under submission, without further briefing, or set for hearing. (Kastilahn, A)
February 24, 2016 Opinion or Order Filing 762 ORDER signed by Magistrate Judge Allison Claire on 2/23/16 ORDERING that the Request for Reconsideration 757 is DENIED for non-compliance with Local Rule 303. The Request To Seal (ECF No. 758 ), is DENIED as moot. Pacific's time for filing a request for reconsideration of ECF No. 730 , is EXTENDED to 14 days from the date of this order. (Mena-Sanchez, L)
February 23, 2016 Opinion or Order Filing 759 ORDER signed by Magistrate Judge Allison Claire on 2/22/16 ORDERING that non-parties' motions to compel (ECF Nos. 696 , 697 ), are DENIED. (Kastilahn, A)
February 22, 2016 Opinion or Order Filing 756 ORDER signed by District Judge Troy L. Nunley on 2/19/16 GRANTING Sierra Railroad Company's Request to seal documents.(Mena-Sanchez, L)
February 10, 2016 Opinion or Order Filing 731 ORDER signed by District Judge Troy L. Nunley on 02/09/16 ORDERING that the 710 Notice of Request to Seal Document(s) filed by Patriot Rail Holdings, LLC, Gary O. Marino, Patriot Equity LLC is GRANTED. (Benson, A)
February 9, 2016 Opinion or Order Filing 730 ORDER signed by Magistrate Judge Allison Claire on 2/8/2016 ORDERING that Sierra's 705 Request To Seal Documents is DENIED. Patriot Rail LLC's (a/k/a Pacific Rail LLC) 707 Request To Seal Exhibits is DENIED. Patriot Rail LLC's obj ection that the discovery or privilege logs sought are unduly burdensome is OVERRULED. Patriot Rail LLC's objections to third-party discovery are OVERRULED, inasmuch as there is no such discovery requested. Patriot Rail LLC's relevancy ob jections to discovery of asset transfers among Patriot Companies, are OVERRULED. Patriot Rail LLC's objections to discovery going back to 3/14/2008 (on grounds of relevancy, burdensomeness or otherwise), are OVERRULED. Patriot Rail LLC's "control" objections to interrogatories seeking information it possesses, are OVERRULED. Sierra's Motion To Compel documents not in the possession of Patriot Rail LLC is DENIED without prejudice to a showing that Patriot Rail LLC ha s legal control over the documents. Sierra's Motion To Compel answers to Interrogatories 8 and 9, is DENIED. Sierra's Motion To Compel information already provided by third parties is DENIED. Sierra's Motion To Compel information pre-dating 3/14/2008 is DENIED. Other than as denied or limited above, Sierra's 688 Motion To Compel is GRANTED. (Zignago, K.)
February 3, 2016 Opinion or Order Filing 727 STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 02/02/16 ORDERING that the hearing on the 697 Motion to Compel re Sierra is RESET for 2/17/2016 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Benson, A)
January 25, 2016 Opinion or Order Filing 700 ORDER signed by District Judge Troy L. Nunley on 01/22/16 GRANTING 694 Request to Seal Document(s) filed by Sierra Railroad Company. (Jackson, T)
January 14, 2016 Opinion or Order Filing 690 STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 1/13/2016 ORDERING 688 Motion to Compel Hearing is CONTINUED to 2/3/2016 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire.(Reader, L)
November 23, 2015 Opinion or Order Filing 686 ORDER signed by District Judge Troy L. Nunley on 11/20/2015 GRANTING 685 Correct Request to Seal Documents pursuant to L.R. 141; ORDERING that the 673 Transcript be SEALED. (Michel, G.)
September 1, 2015 Opinion or Order Filing 657 ORDER GRANTING 648 Ex Parte Application signed by District Judge Troy L. Nunley on 9/1/15: Sierra shall have to and including 28 days after the Court rules on Sierra's Motion to Amend Judgment to Add Judgment Debtors to file its Attorneys Fees Motion and Costs Bill. (Kaminski, H)
August 18, 2015 Opinion or Order Filing 646 ORDER signed by District Judge Troy L. Nunley on 8/18/2015 GRANTING 633 Notice of Request to Seal Document(s). (Zignago, K.)
August 5, 2015 Opinion or Order Filing 603 ORDER signed by District Judge Troy L. Nunley on 8/5/2015. Court agrees Patriot's legal stances throughout litigating this matter have been attenuated at times and that some of conduct has walked a fine line between vigorously litigating case and being vexatious. However, Court is DECLINING to make a finding of bad faith and thus DENIES Sierra's 528 Motion for Sanctions. (Marciel, M)
July 13, 2015 Opinion or Order Filing 583 ORDER GRANTING Sierra Railroad Company's Request to Seal Documents signed by District Judge Troy L. Nunley on 7/8/15. (Mena-Sanchez, L)
March 12, 2015 Opinion or Order Filing 580 STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 3/11/2015 ORDERING Sierra Railroad Company to file their Motion for Attorneys' fees and Cost Bill 28 days after the Court's latest ruling on 452 Ex Parte Application for New Trial, 535 Motion for New Trial, 536 Motion for Judgment, 566 Motion to Strike. (Michel, G.)
February 19, 2015 Opinion or Order Filing 574 ORDER signed by District Judge Troy L. Nunley on 2/18/15 re 573 Notice of Request to Seal Document(s) filed by Sierra Railroad Company: IT IS HEREBY ORDERED that: Having shown good cause to maintain the confidential nature of the documents and testimony subject to the Request, Defendant and Counterclaimant Sierra Railroad Company's 573 Request is GRANTED and the identified documents are ORDERED filed under seal: 1. Sierra's Responses to Patriot's Evidentiary Objections to the Declarations of Michael C. Weed (ECF NO. 558-1), J.R. Riddell (ECF NO. 558-2), and Forrest Vickery (ECF NO. 558-3). (Meuleman, A)
February 2, 2015 Opinion or Order Filing 567 ORDER signed by District Judge Troy L. Nunley on 1/30/15 GRANTING plaintiff's request to file under seal the unredacted Evidentiary Objections And Motion to Strike Declarations of Michael Weed (DKT. #558-1), J.R. Riddel (DKT #558-2), and Forrest Vicery (DKT #558-3). (Kastilahn, A)
December 24, 2014 Opinion or Order Filing 560 ORDER signed by District Judge Troy L. Nunley on 12/23/14 ORDERING that having shown good cause to maintain the confidential nature of the documents and testimony subject to the Request, Defendant and Counterclaimant Sierra Railroad Company' s Request to Seal Documents is GRANTED and the below identified documents are ordered filed under seal: Declaration of Forrest Vickery in Support of Sierra Railroad Company's Opposition to Patriot's Previously-filed Motion for New Trial [ECF No. 452-1], including Exhibits A, B, C, and D attached thereto. (Becknal, R)
December 18, 2014 Opinion or Order Filing 556 ORDER GRANTING REQUEST TO SEAL DOCUMENT(S) by Sierra Railroad Company signed by District Judge Troy L. Nunley on 12/17/14. (Manzer, C)
November 7, 2014 Opinion or Order Filing 534 STIPULATION and ORDER 533 for Post-Trial Briefing Schedule, Page Limits & Extending Time on Attorneys' Fees Motion & Cost Bill signed by District Judge Troy L. Nunley on 11/6/2014. (Marciel, M)
October 31, 2014 Opinion or Order Filing 532 ORDER signed by District Judge Troy L. Nunley on 10/30/2014 CLARIFYING 522 Order, 523 Judgment; ENTERING JUDGMENT in favor of Sierra and against Patriot Rail Corp. (aka Patriot Rail Company LLC) on all of Patriot Rail Corp.s claims against Sierra ; ENTERING JUDGMENT in favor of Sierra and against Patriot Rail Corp. (aka Patriot Rail Company LLC) and Patriot Rail LLC (aka Pacific Rail LLC) on all of Sierras counterclaims tried to the jury, with compensatory damages awarded in Sierra's fav or, jointly and severally against Patriot, in the amount of $22,282,000; ENTERING JUDGMENT against Patriot Rail Corp. (aka Patriot Rail Company LLC), severally, in the additional amount of $16,200,000 in punitive damages for Sierra's i ntentional interference claim in accordance with the jury's verdict; ENTERING JUDGMENT against Patriot Rail LLC (aka Pacific Rail LLC), severally, in the additional amount of $1,200,000 in punitive damages for Sierra's intentional inte rference claim, in accordance with the jury's verdict; ENTERING JUDGMENT against Patriot Rail Corp. (aka Patriot Rail Company LLC), severally, in the additional amount of $13,144,465 in exemplary damages for Sierra's misappropriation o f trade secrets claim, in accordance with 522 Order; ENTERING JUDGMENT against Sierra on its request for prejudgment interest; ENTERING JUDGMENT against Sierra on its claim of unfair competition against Patriot pursuant to California Business and Professions Code Section 17200 et seq.; SETTING a briefing on Patriot's Motion for New Trial; ORDERING Sierra Railroad Company to file their opposition by 12/19/2014; ORDERING Patriot to file their reply by 1/23/2015. (Michel, G)
July 15, 2014 Opinion or Order Filing 518 ORDER signed by District Judge Troy L. Nunley on 7/14/2014 GRANTING defendant Sierra Railroad Company's Request to Seal Documents. The Declaration of Forrest Vickery in support of 509 Reply Brief, including Exhibits A - D, and the unredacted versio of Sierra's Reply Brief in support of Motion for Prejudgment Interest shall be submitted as CONFIDENTIAL. (Marciel, M)
May 28, 2014 Opinion or Order Filing 494 STIPULATION and ORDER re Post-Verdict Briefing and Hearing Schedule signed by District Judge Troy L. Nunley on 5/27/14. (Kaminski, H)
May 6, 2014 Opinion or Order Filing 489 ORDER GRANTING REQUEST TO SEAL EXHIBITS and the declaration in support of Patriot's Response Brief signed by District Judge Troy L. Nunley on 5/1/14. (Mena-Sanchez, L)
April 25, 2014 Opinion or Order Filing 472 MEMORANDUM and ORDER signed by District Judge Troy L. Nunley on 4/25/14 ORDERING that Patriot's MOTION in limine 453 is DENIED; The Court GRANTS IN PART Sierra's MOTION for leave to amend its counterclaims 455 . Patriot Rail Company L LC shall be substituted for Patriot Rail Corporation in these proceedings. Furthermore, Sierra will be permitted to introduce evidence of Patriot Rail Company LLC at the punitive damages phase before the jury subject to the instructions and limita tions set forth in this order. To the extent that Sierras motion seeks leave to amend its counterclaims to add new parties, the motion is DENIED. The Court expects that with this ruling the parties shall be ready to proceed with the punitive damages phase without delay on Monday, 4/28/14. (Mena-Sanchez, L)
April 1, 2014 Opinion or Order Filing 451 ORDER granting 422 Motion to Redact the Transcript of the February 21, 2014 Hearing signed by District Judge Troy L. Nunley on 3/31/14. (Kaminski, H)
February 28, 2014 Opinion or Order Filing 396 ORDER signed by District Judge Troy L. Nunley on 2/27/14 ORDERING that Patriot's Ex Parte Application to Quash the subpoena of Warren Luhning 386 is GRANTED; The subpoena to appear and testify at trial on Warren Luhning is QUASHED; A protective order is ENTERED such that Mr. Luhning is not permitted to appear or testify at trial in this case unless Sierra can demonstrate he is needed as an impeachment witness, consistent with this ruling. (Mena-Sanchez, L)
February 3, 2014 Opinion or Order Filing 381 ORDER signed by District Judge Troy L. Nunley on 1/31/2014. Having shown good cause to maintain confidential nature of documents and testimony, defendant Sierra Railroad Company's Request to Seal Documents is GRANTED. (Marciel, M)
January 27, 2014 Opinion or Order Filing 378 ORDER signed by District Judge Troy L. Nunley on 1/24/2014 GRANTING the Request to Seal Documents re 348 Opposition to 323 Motion in Limine No. 5, 355 Trial Brief. (Michel, G)
January 21, 2014 Opinion or Order Filing 362 ORDER granting 335 Second Request to Seal Documents signed by District Judge Troy L. Nunley on 1/17/14. (Kaminski, H)
August 5, 2013 Opinion or Order Filing 304 MEMORANDUM AND ORDER denying without prejudice 247 Motion to Compel signed by District Judge Troy L. Nunley on 8/2/13. (Kaminski, H)
July 30, 2013 Opinion or Order Filing 302 ORDER signed by District Judge Troy L. Nunley on 7/29/2013 ORDERING 258 Plaintiff and Counter Defendant Patriot Rail Corp. and Cross Defendants Patriot Rail, LLC and Larry Coe's Request to Seal Documents in support of its Opposition to the Motion To Compel Supplemental Discovery is hereby GRANTED.(Reader, L)
July 15, 2013 Opinion or Order Filing 298 MEMORANDUM and ORDER signed by District Judge Troy L. Nunley on 7/12/2013 ORDERING that Sierra's 266 Motion for Leave to Amend Counter-claim and to Serve Unserved Counter-defendants is GRANTED IN PART and DENIED IN PART. (Zignago, K.)
June 19, 2013 Opinion or Order Filing 294 ORDER signed by District Judge Troy L. Nunley on 6/19/2013 GRANTING 293 Defendant's Request for Telephonic Appearance by Louis Gonzalez at the Hearing on Motion to Amend Counterclaim set for 6/20/2013 at 2:00 PM. (Krueger, M)
March 19, 2013 Opinion or Order Filing 267 ORDER signed by Chief Judge Morrison C. England, Jr on 3/18/13 ORDERING that Patriot's Second Request to Seal Documents in support of its Opposition to the Motion To Compel Supplemental Discovery is hereby GRANTED. Pursuant to Local Rule 141, P atriot shall submit the following documents to the Clerk for filing under seal: Sacramento Valley Railroad, LLC's 2012 and 2013 Operating Budgets (PRC010560-010561), 2011 Balance Sheet (PRC009817-009818), Profit & Loss Statements (PRC009819-009821), Statement of Cash Flows (PRC009711), 2011 Fixed Asset List from Inception (PRC009712-009713), and 2012 Fixed Asset Additions (PRC010485). The total number of pages submitted under seal is 12. (Becknal, R)
February 5, 2013 Opinion or Order Filing 255 STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 2/4/13 CONTINUING hearing on 247 Motion to Compel. Motion Hearing reset for 3/21/2013 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr. (Manzer, C)
January 24, 2013 Opinion or Order Filing 250 STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 1/24/2013 ORDERING the hearing on 247 Motion to Compel CONTINUED to 2/7/2013 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr. The 1/24/2013 hearing is VACATED. (Donati, J)
January 23, 2013 Opinion or Order Filing 249 STIPULATION and ORDER continuing Defendant's Motion to Compel 247 from 1/24/2013 to 2/7/2013 at 2:00 p.m. in Courtroom 7 before Chief Judge Morrison C. England, Jr. Signed by Chief Judge Morrison C. England, Jr. on 1/23/2013. (Deutsch, S)
October 5, 2012 Opinion or Order Filing 245 ORDER continuing Trial signed by Judge Morrison C. England, Jr. on 10/4/2012. The 2/25/2013 Jury Trial is VACATED and RE-SCHEDULED for 7/1/2013 at at 9:00 AM in Courtroom 7 (MCE). Parties shall file Trial Briefs no later than 4/18/2013. Accordingly, the 12/13/2012 Final Pretrial Conference is VACATED and RE-SET for 5/2/2013 at 2:00 p.m. in Courtroom 7 (MCE). Joint Final Pretrial Statement is due no later than 4/11/2013 and shall comply with procedures outlined in 4/18/2012 224 Order. Persona l appearances of trial attorneys or person(s) in pro se is mandatory for Final Pretrial Conference. Telephonic appearances for this hearing are NOT permitted. Any Evidentiary or Procedural Motion shall be filed by 4/11/2013. Oppositions must be filed by 4/18/2013 and any reply must be filed by 4/25/2013. Motions will beheard by Court at same time as Final Pretrial Conference. (Marciel, M)
July 24, 2012 Opinion or Order Filing 244 ORDER signed by Judge Morrison C. England, Jr on 7/23/12 ORDERING Sierra's Motion to Compel Supplemental Discovery 201 is accordingly DENIED. Sierra's request for sanctions against Patriot, as well as Patriot's own request for sanct ions, are also denied. Given the impending February 2013 trial, the parties are advised to focus their attention on preparing for that trial rather than to continue the interminable, and vituperative, motion proceedings that have plagued this matter virtually from its onset. (Matson, R)
April 18, 2012 Opinion or Order Filing 224 ORDER signed by Judge Morrison C. England, Jr. on 04/17/12 ORDERING that the Final Pretrial Conference is CONTINUED to 12/13/12 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England, Jr. with a joint pretrial statement due by 11/15/12; tr ial briefs due by 11/28/12; any evidentiary or procedural motions are to be filed by 11/21/12 with oppositions due by 11/28/12 and any reply due by 12/05/12. The motions will be heard by the Court at the same time as the Final Pretrial Conference; Jury Trial is CONTINUED to 02/25/13 at 09:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England, Jr. Plaintiff's 219 Motion to Continue is DENIED as moot; the 04/19/12 hearing is VACATED. (Benson, A.)
March 13, 2012 Opinion or Order Filing 218 ORDER denying 197 Motion to Enforce Amended Protective Order signed by Judge Morrison C. England, Jr on 3/13/12. (Matson, R)
February 21, 2012 Opinion or Order Filing 206 ORDER signed by Judge Morrison C. England, Jr on 2/17/12 GRANTING 194 Ex Parte Application for Order Shortening Time to Hear Motion; and SETTING for hearing 197 Motion to Enforce Amended Protective Order for 3/1/2012 at 10:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. Responses due by 2/22/2012, Replies due by 2/27/2012. (Meuleman, A)
February 8, 2012 Opinion or Order Filing 193 ORDER signed by Magistrate Judge Edmund F. Brennan on 2/7/2012 ORDERING 191 Motion to Strike and 192 Motion to Compel are DENIED since this court lacks authority to consider motions after the close of discovery; the 2/29/2011 hearing on the remainder of parties' motions is VACATED; if parties desire to re-notice those motions, they shall notice the motions before the assigned district judge and comply with Local Rule 230. (Waggoner, D)
January 24, 2012 Opinion or Order Filing 190 AMENDED PROTECTIVE ORDER signed by Judge Morrison C. England, Jr on 1/23/12. (Meuleman, A)
October 26, 2011 Opinion or Order Filing 185 ORDER CONTINUING TRIAL signed by Judge Morrison C. England, Jr., on 10/26/11. ORDERING the Jury Trial CONTINUED to 7/16/2012 at 09:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England, Jr.. Trial briefs are due not later than 5/3/12. The Final Pretrial Conference is CONTINUED to 5/17/2012 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England, Jr.. The joint final pretrial statement is due not later than 4/26/12. Any evidentiary or procedural motions are to be filed by 4/26/12, oppositions are due by 5/3/12, and any reply is due by 5/10/12. The motions will be heard at the same time as the Final Pretrial Conference. (Kastilahn, A)
October 24, 2011 Opinion or Order Filing 184 ORDER signed by Judge Morrison C. England, Jr on 10/21/11 re 167 Motion for Protective Order Modification: The Court will afford the parties 14 days after the date this Order is filed in order to reach a mutually acceptable revision of the Protecti ve Order as it currently stands. The parties are DIRECTED to thereafter notify the Court as to whether a compromise has been reached. If no such agreement is forthcoming within the above-referenced time period, the Court will unilaterally make such changes to the Protective Order as it deems appropriate under the circumstances. (Meuleman, A)
August 1, 2011 Opinion or Order Filing 166 ORDER signed by Judge Morrison C. England, Jr. on 8/1/2011 ORDERING 159 Sierra's Request for Review and Motion for Relief is DENIED. (Reader, L)
June 21, 2011 Opinion or Order Filing 164 STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 6/21/11: HEARING as to 158 MOTION for RECONSIDERATION RESET for 7/14/2011 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr.. (Kaminski, H)
May 5, 2011 Opinion or Order Filing 157 ORDER signed by Magistrate Judge Edmund F. Brennan on 5/5/11 ORDERING 159 Motion for Recconsideration is granted and 146 Motion for a Protective Order is granted. (Matson, R)
March 23, 2011 Opinion or Order Filing 148 ORDER signed by Magistrate Judge Edmund F. Brennan on 3/23/11 ORDERING pltf Patriot's Application for an order shortening time and Patriot's motion for a protective order and sanctions 146 are DENIED. (Carlos, K)
February 1, 2011 Opinion or Order Filing 145 MEMORANDUM and ORDER signed by Judge Morrison C. England, Jr on 1/31/11 ORDERING Patriots Motion for Summary Judgment 108 is accordingly DENIED; Patriots alternative request for summary adjudication is GRANTED in part as to Sierras Third Claim for Relief, for breach of contract, and further is GRANTED as to Sierras Eighth Claim for Relief, for coercion; Patriots remaining requests for summary adjudication are DENIED. (Carlos, K)
December 1, 2010 Opinion or Order Filing 142 STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 11/30/10 ORDERING that Sierra's Opposition to Patriot's Motion for Summary Judgment shall be due by 12:00 p.m. on Wednesday 12/1/2010. Patriot's Reply Brief thereafter shall be due by 12:00 p.m. on Friday, 12/10/10. The Hearing on the matter 108 shall be CONTINUED to 12/16/2010 at 02:00 PM and the current date of 12/2/10, shall be vacated. (Mena-Sanchez, L)
November 3, 2010 Opinion or Order Filing 129 ORDER signed by Judge Morrison C. England, Jr. on 11/2/2010 DENYING 122 Defendant's request for the Court to construe or modify 122 the Protective Order previously granted by this court. (Reader, L)
October 1, 2010 Opinion or Order Filing 118 ORDER denying 115 Motion to Shorten Time signed by Judge Morrison C. England, Jr on 10/1/2010; Defendant is required to deliver to plaintiff any expert reports before the start of the Telephonic Settlement Conference scheduled on 10/21/2010.(Matson, R)
July 27, 2010 Opinion or Order Filing 104 STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 7/26/10 ORDERING the last day for third parties to respond to outstanding subpoenas served in this action shall be 9/10/10; disclosure of expert witnesses and reports shall be completed on or before 9/24/10; disclosure of rebuttal expert witnesses and reports shall be completed on or before 10/14/10; the earliest day a dispositive motion may be heard shall be 12/2/2010; the parties will complete all discovery of expert witnesses in a timely manner in order to comply with the deadline for filing dispositive motions; the last day to file a dispositive motion shall be 11/15/10; the last day a dispositive motion may be heard shall be 12/6/10; and the parties will complete all discovery of expert witnesses in a timely manner inorder to comply with the deadline for filing dispositive motions. (Carlos, K)
July 8, 2010 Opinion or Order Filing 102 ORDER signed by Magistrate Judge Edmund F. Brennan on 7/7/2010 ORDERING that Pltf's request for $7000.00 in fees is GRANTED. Within 30 days, Dft shall reimburse Pltf for its expenses incurred in making its 70 motion to compel, in the total amount of $7000.00. (Zignago, K.)
June 24, 2010 Opinion or Order Filing 100 STIPULATION and ORDER 98 signed by Judge Morrison C. England, Jr. on 6/23/2010 ORDERING the Court finds good cause to amend its Pretrial Scheduling Order to extend the last day to complete depositions to July 16, 2010, to continue the last day for third parties to respond to outstanding subpoenas to June 25, 2010, continue the date for expert witness disclosure to July 30, 2010, continue the date for supplemental expert witness disclosure to August 19, 2010, and continue the Mandatory Settleme nt Conference to August 2, 2010. All other dates contained in the Courts Pretrial Scheduling Order, including the trial date, remain unchanged. The Court also extends the date by which discovery must be complete so as to permit compliance with the magistrate judges discovery order filed June 21, 2010 (Docket No. 99), which is hereby adopted in full. (Matson, R)
June 21, 2010 Opinion or Order Filing 99 ORDER and RECOMMENDATION signed by Magistrate Judge Edmund F. Brennan on 6/21/10 ORDERING the motion for protective order is GRANTED IN PART AND DENIED IN PART; IT IS RECOMMENDED that the discovery deadline be extended for the limited purpose of enforcing this order; REFERRED to Judge Morrison C. England, Jr.. (Carlos, K)
June 17, 2010 Opinion or Order Filing 95 ORDER denying 89 Ex Parte Application for Order Shortening Time and the Motion to Compel filed by Sierra Railroad Co. Signed by Magistrate Judge Edmund F. Brennan on 6/17/10. (Hinkle, T)
June 16, 2010 Opinion or Order Filing 91 ORDER signed by Magistrate Judge Edmund F. Brennan on 6/16/2010 ORDERING that as good cause has been demonstrated to maintain the confidential nature of the documents at issue, both 85 87 motions are GRANTED. The Clerk is directed to file the referenced documents under seal.(Duong, D)
May 26, 2010 Opinion or Order Filing 80 ORDER signed by Magistrate Judge Edmund F. Brennan on 5/26/10 GRANTING 70 Motion to Compel and corresponding request for sanction and GRANTING 73 Motion to Seal defendant's proprietary and confidential financial information. Clerk is directe d to file those documents under seal. Plaintiff's request to submit its counsel's time sheets for in camera review is DENIED without prejudice. Defendant may file an opposition to plaintiff's request for fees by 6/9/10. Plaintiff may file a reply on or before 6/16/10. (Donati, J)
April 29, 2010 Opinion or Order Filing 72 STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 4/28/2010 GRANTING 69 Stipulation and Proposed Order; The Pretrial Scheduling Order shall be amended to extend the non-expert discovery cut-off to June 18, 2010, and reschedule the Ma ndatory Settlement Conference before Judge England to July 9, 2010 at 9:00 a.m., with the Parties to submit a confidential settlement statement to Judge Englands chambers on or before July 2, 2010. It is further ordered that the deadline to disclose expert witnesses shall be moved to July 9, 2010 and the deadline for supplemental expert witness disclosures shall be moved to July 29, 2010. The last day to hear dispositive motions will be set for August 26, 2010.(Matson, R)
April 5, 2010 Opinion or Order Filing 66 STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 4/2/10 ORDERING that the Pretrial Scheduling Order shall be amended to extend the non-expert discovery cut-off to 5/21/2010. The madatory Settlement Conference is RESCHEDULED to 6/4/2010 at 09:00 AM before Judge Morrison C. England Jr. with the parties to submit a confidential settlement statement to Judge England's chambers on or before 5/21/10. (Mena-Sanchez, L)
February 19, 2010 Opinion or Order Filing 47 ORDER signed by Magistrate Judge Edmund F. Brennan on 2/19/2010, granting in part and denying in part 38 pltf's motion to compel. Pltf's request for sanctions is DENIED. (Kastilahn, A)
September 11, 2009 Opinion or Order Filing 35 ORDER signed by Magistrate Judge Edmund F. Brennan on 09/11/09 DENYING 26 Motion to Compel; and DENYING 27 Motion to Seal. The Clerk is directed to return to defendant's counsel the court's copy of the document identified as Bates Numbe r SRR 6786-88, submitted for in camera review on 7/16/09; and further directed to return to plaintiff's counsel the court's copy of Ms. Halko's declaration submitted in camera pursuant to her motion. IT IS FURTHER ORDERED that the request of each party for attorney fees and costs in pursuing and defending these matters is DENIED. (Streeter, J)
July 27, 2009 Opinion or Order Filing 29 BRIEFING ORDER signed by Magistrate Judge Edmund F. Brennan on 7/27/2009 re: 26 Motion to Compel. Motion to Compel Discovery remains scheduled for hearing before this court on 8/5/09 at 10:00 a.m. in courtroom #25 (EFB). Parties joint statement re: discovery disagreement shall be filed not later than five court days before the scheduling hearing, or by 7/29/09 at 12:00 p.m. Failure of either party to use best efforts to ensure timely filing will be cause for sanctions.(Waggoner, D)
July 13, 2009 Opinion or Order Filing 28 ORDER signed by Magistrate Judge Edmund F. Brennan on 7/10/09 ORDERING that Plaintiff's motion to file documents under seal, 27 shall remain pendinguntil the court's further consideration of plaintiffs motion to compel discovery; and Defendant shall submit, on or before 7/17/09, for in camera review, Bates Number SRR 6786-6788. (Becknal, R)
February 3, 2009 Opinion or Order Filing 10 NON RELATED CASE ORDER signed by Judge Morrison C. England, Jr. on 2/2/2009 ORDERING 8 that it is inappropriate to relate or reassign the case(s) 2:08cv576 LEW DAD and 2:09cv09 MCE EFB, and therefore declines to do so. (Reader, L)
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Plaintiff: Patriot Rail Corp.
Represented By: Grace J. Bergen
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Defendant: Sierra Railroad Company
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