Sierra Northern Railway v. Port of West Sacramento et al
| Sierra Northern Railway |
| Ramcon Engineering & Environmental Consulting, Inc. and Port of West Sacramento |
| Sierra Northern Railway |
| Port of West Sacramento |
| 2:2024cv01899 |
| July 10, 2024 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Daniel J Calabretta |
| Jeremy D Peterson |
| Real Property: Other |
| 28 U.S.C. § 1331 (a) Fed. Question: Real Property |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 5, 2024. A more recent docket listing may be available from PACER.
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Filing 36
STIPULATION and ORDER signed by District Judge Daniel J. Calabretta on 09/04/2024 EXTENDING Counter-Defendant SNR's time to file a Responsive Pleading to Counterclaim. Responses due by 09/23/2024. (Lopez, K)
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| Filing 35 STIPULATION and PROPOSED ORDER to Extend Deadline to File Counter Claim by Sierra Northern Railway. (Cameron, William) Modified on 9/6/2024 (Mendez Licea, O). |
| Filing 34 COUNTERCLAIM against Sierra Northern Railway by Port of West Sacramento. (Attachments: #1 Exhibit A, #2 Exhibit B) (Jones, Lauren) Modified on 8/22/2024 (Mena-Sanchez, L). |
| Filing 33 ANSWER by Port of West Sacramento. (Jones, Lauren) |
| Filing 32 ANSWER by Ramcon Engineering & Environmental Consulting, Inc.. (Attachments: #1 Proof of Service) (Tagert, Benjamin) |
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Filing 31
STIPULATION and ORDER signed by District Judge Daniel J. Calabretta on 8/7/2024 EXTENDING time to file a Responsive Pleading. Responses due by 8/19/2024. (Kyono, V)
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Filing 30
ORDER signed by District Judge Daniel J. Calabretta on 8/7/2024 GRANTING #14 Motion for Preliminary Injunction; ORDERING Defendants, and all those acting in concert with each or both of them, to immediately cease and desist from preventing or impeding Plaintiff, its employees, or any of its customers from using the Northern Access route to Sierra Northern Railway's West Sacramento rail yard in order to effect Plaintiff's transloading operation. (Michel, G.)
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| Filing 29 STIPULATION and PROPOSED ORDER for EOT for Defendants' Responsive Filing Deadline by Sierra Northern Railway. (Diepenbrock, David) |
| Filing 28 NOTICE of APPEARANCE by Benjamin Curtis Tagert on behalf of Ramcon Engineering & Environmental Consulting, Inc.. (Tagert, Benjamin) |
| Filing 27 NOTICE of APPEARANCE by William Scott Cameron on behalf of Sierra Northern Railway. Attorney Cameron, William Scott added. (Cameron, William) |
| Filing 26 MINUTES FOR MOTION HEARING held via video conference before District Judge Daniel J. Calabretta on 7/25/2024. David Diepenbrock and Scott Cameron appeared via video for Plaintiff. Lauren Jones appeared via video for Defendant Port of West Sacramento. Kristen Renfro appeared via video for Defendant Ramcon Engineering & Environmental Consulting, Inc. Rick Toft (Port of West Sacramento) present via video. The Court ORDERED that Plaintiff's #14 Motion for Preliminary Injunction be submitted, CONTINUED the terms of the #13 Temporary Restraining Order for two weeks or until the Court issues its decision, whichever is earlier, and DIRECTED the parties to meet and confer within seven (7) days in an effort to resolve the dispute. Order to issue. Court Reporter: Jennifer Coulthard. [TEXT ENTRY ONLY] (Michel, G.) |
| Filing 25 EXHIBITS H and I to #16 Declaration of Rick Toft by Port of West Sacramento. (Michel, G.) |
| Filing 24 NOTICE OF LODGING Exhibits H and I to #16 Declaration of Rick Toft by Port of West Sacramento. (Jones, Lauren) |
| SERVICE BY MAIL: 26 Minutes served on Jeffrey A. Mitchell. (Michel, G.) |
| Filing 23 CERTIFICATE / PROOF of SERVICE by Sierra Northern Railway re #13 Temporary Restraining Order, Minute Order (ECF No. 9) , #8 Civil New Case Documents for DJC, #1 Complaint, 10 Order on Motion for TRO, Minute Order (ECF No. 6) , #12 Order, 7 Clerk's Notice Reassigning Case, #2 Motion for TRO, #3 Summons, #4 Civil New Case Documents for DAD, #5 Order. (Diepenbrock, David) Modified on 7/29/2024 (Kastilahn, A). |
| Filing 22 CERTIFICATE / PROOF of SERVICE by Sierra Northern Railway re #11 Order on Motion for TRO, #13 Temporary Restraining Order, Minute Order (ECF No. 9) #8 Civil New Case Documents for DJC, #1 Complaint, 10 Order on Motion for TRO, Minute Order (ECF No. 6), #12 Order, Clerk's Notice Reassigning Case (ECF No. 7), #2 Motion for TRO, #3 Summons, #4 Civil New Case Documents for DAD, #5 Order. (Diepenbrock, David) Modified on 7/29/2024 (Kastilahn, A). |
| Filing 21 REPLY by Sierra Northern Railway re #14 Motion for Preliminary Injunction,. (Attachments: #1 Declaration of Kennan H. Beard III, #2 Declaration Brenton MacDonald, #3 Proof of Service) (Diepenbrock, David) |
| Filing 20 SUMMONS RETURNED EXECUTED: Ramcon Engineering & Environmental Consulting, Inc. served on 7/15/2024, answer due 8/5/2024. (Cameron, William) |
| Filing 19 SUMMONS RETURNED EXECUTED: Port of West Sacramento served on 7/15/2024, answer due 8/5/2024. (Cameron, William) |
| Filing 18 OPPOSITION by Ramcon Engineering & Environmental Consulting, Inc. to #14 Motion for Preliminary Injunction,. Attorney Tagert, Benjamin Curtis added. (Attachments: #1 Proof of Service) (Tagert, Benjamin) |
| Filing 17 DECLARATION of Rollo Stephens in opposition to #14 Motion for Preliminary Injunction,. (Jones, Lauren) |
| Filing 16 DECLARATION of Rick Toft in opposition to #14 Motion for Preliminary Injunction,. (Attachments: #1 Exhibit A , #2 Exhibit B, #3 Exhibit C, #4 Exhibit D , #5 Exhibit E, #6 Exhibit F , #7 Exhibit G, #8 Exhibit H , #9 Exhibit I , #10 Exhibit J) (Jones, Lauren) Modified on 7/24/2024 (Kastilahn, A). Modified on 7/24/2024 (Kastilahn, A). |
| Filing 15 OPPOSITION by Port of West Sacramento to #14 Motion for Preliminary Injunction,. (Jones, Lauren) |
| Filing 14 MOTION for PRELIMINARY INJUNCTION by Sierra Northern Railway. Motion Hearing set for 7/25/2024 at 01:30 PM in Courtroom 10 (DJC) before District Judge Daniel J. Calabretta. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Kennan Beard III, #3 Proposed Order, #4 Proof of Service) (Diepenbrock, David) |
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Filing 13
TEMPORARY RESTRAINING ORDER signed by District Judge Daniel J. Calabretta on 7/15/2024. (Mena-Sanchez, L)
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Filing 12
ORDER signed by District Judge Daniel J. Calabretta on 7/12/2024 ORDERING that the hearing on Plaintiff Sierra Northern Railway's Motion for Preliminary Injunction will be held on 7/25/2024 at 1:30 PM via Zoom. Plaintiff shall file their Motion on or before 7/17/2024. Defendants Port of West Sacramento and Ramcon Engineering & Environmental Consulting, Inc. shall file an Opposition on or before 7/22/2024. Plaintiff shall file their Reply on or before 7/24/2024 by 5:00 PM. (Huang, H)
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Filing 11
ORDER signed by District Judge Daniel J. Calabretta on 7/12/2024 GRANTING #2 Motion for TRO. Defendants Port of West Sacramento and Ramcon Engineering & Environmental Consulting, Inc., and each of their agents, are ENJOINED from blocking or impeding Plaintiff's access to the subject property through the North Access route consistent with such access Plaintiff enjoyed as of 7/1/2024. Plaintiff shall promptly serve this Temporary Restraining Order on Defendants via email. This Temporary Restraining Order will expire on 7/25/2024. (Huang, H)
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| Filing 10 MINUTES FOR MOTION HEARING held via video conference before District Judge Daniel J. Calabretta on 7/12/2024. David Diepenbrock appeared for Plaintiff. Lauren Jones and Jeff Mitchell appeared for Defendant Port of West Sacramento. The Court GRANTED Plaintiff's Motion for Temporary Restraining Order (ECF No. #2 ). The Court also set the briefing schedule for a forthcoming Motion for Preliminary Injunction with hearing SET for 7/25/2024 at 1:30 pm in Courtroom 10 before District Judge Daniel J. Calabretta. Written order to issue. Court Reporter: Jenny Wood-ECRO. (TEXT ONLY ENTRY) (Argento, E.) |
| Filing 9 MINUTE ORDER issued by Relief Courtroom Deputy E. Argento for District Judge Daniel J. Calabretta on 7/12/2024: On the Court's own motion and pursuant to E.D. Cal. L.R. 230(g), a hearing on Plaintiff's Motion for Temporary Restraining Order, ECF No. #2 , is SET for 7/12/2024 at 1:30 PM, via Zoom, before District Judge Daniel J. Calabretta. Counsel for Plaintiff shall serve a copy of this order and the forthcoming Zoom login instructions on counsel for the defendants as soon as practicable. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Argento, E.) Modified on 7/12/2024 (Argento, E.). |
| Filing 8 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Benson, A.) |
| Filing 7 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). Per (#6) Minute Order, this case has been REASSIGNED to District Judge Daniel J. Calabretta and Magistrate Judge Jeremy D. Peterson for all purposes. The new case number is 2:24-cv-1899 DJC JDP. (cc: JAM). (Benson, A.) |
| Filing 6 MINUTE ORDER (Text Only Entry) issued by M York Courtroom Deputy for Senior District Judge John A. Mendez on 07/11/2024: On the Court's own motion and pursuant to the senior status of District Judge John A. Mendez, the Clerk's Office is DIRECTED to reassign this case to another district judge for all further proceedings. Any hearing dates and deadlines previously set in this matter are VACATED. (cc: Sac. Operations Supervisor & A. Benson) (York, M) |
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Filing 5
ORDER signed by District Judge Dale A. Drozd on 07/11/24 RECUSING himself from this case and VACATING all currently scheduled dates; this case is REASSIGNED to Senior District Judge John A. Mendez and Magistrate Judge Jeremy D. Peterson for all purposes. The new case number is 2:24-cv-1899 JAM JDP (cc: DAD). (Benson, A.)
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| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 11/26/2024 at 01:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Benson, A.) |
| Filing 3 SUMMONS ISSUED as to *Port of West Sacramento, Ramcon Engineering & Environmental Consulting, Inc.* with answer to complaint due within *21* days. Attorney *David Diepenbrock* *Weintraub Tobin* *400 Capitol Mall, 11th Floor* *Sacramento, CA 95814-2004*. (Benson, A.) |
| Filing 2 MOTION for TEMPORARY RESTRAINING ORDER and TRO CHECKLIST by Sierra Northern Railway. (Attachments: #1 Memorandum, #2 Declaration of David Diepenbrock, #3 Declaration of Brenton McDonald, #4 Declaration of Kennan H. Beard III, #5 Declaration of Mike Hart, #6 Proposed Order for TRO, #7 Proposed Order Setting Hearing on Motion for Preliminary Injunction (Diepenbrock, David) |
| Filing 1 COMPLAINT against All Defendants by Sierra Northern Railway. Attorney Diepenbrock, David added. (Filing fee $ 405, receipt number ACAEDC-11626734) (Atachment: #1 Civil Cover Sheet) (Diepenbrock, David) |
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