National Railroad Passenger Corp. et al v. Cimarron Crossing Feeders, LLC. et al
| National Railroad Passenger Corp. and BNSF Railway Company |
| Cimarron Crossing Feeders, LLC., National Railroad Passenger Corporation and BNSF Railway Company |
| Ramona Vreeland, Diane Clark, Glory Penington, Deborah Krauth, Lisa Nicholas, Walter Sanders, Troy Clark, Everett Owen, Janelle Hudson, Kay Getting, David Tisdale, Douglas Getting, Ruth Maggard, Hugo Alvarez, Emily Hays, Timothy Davidson, Dennis Valovich, Aspen Anderson, Irene Platero, Sarah Jacobs, Jeffery M. Smith, Kenneth Rydecki, Jim Fillwalk and Stefan Weisser |
| National Railroad Passenger Corporation and BNSF Railway Company |
| 6:2016cv01094 |
| April 8, 2016 |
| US District Court for the District of Kansas |
| Wichita Office |
| XX US, Outside State |
| Teresa J. James |
| J. Thomas Marten |
| Other Personal Property Damage |
| 28 U.S.C. ยง 1345 |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
540
MEMORANDUM AND ORDER granting 534 Motion to Amend/Correct re: 534 MOTION to Amend/Correct 529 Order on Motion for Summary Judgment, Order on Motion to Exclude, Order on Motion to Strike, Order on Motion for Sanctions, Order on Motion for Hearing, Order on Motion for Leave. The court amends its prior ruling 529 to specifiy that it is a partial final judgment under Rule54 (b), and the present matter is stayed pending further action by the court. Signed by District Judge J. Thomas Marten on 3/4/2019. (sz)
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Filing
529
MEMORANDUM AND ORDER granting 398 , 400 , 402 and 463 Plaintiffs' Motions for Summary Judgment; granting 432 , 436 , 438 , 478 and 480 Plaintiffs' Motions to Strike/Exclude (denying the request to impose sanctions and for heari ng); granting 464 Plaintiffs & 472 Intervenor Plaintiffs' Motions for Leave to File Conventionally and Under Seal; denying 468 Plaintiffs' Motion for Review; granting 504 Joint Motion for Extension of Time to file responsive pleadings. Signed by District Judge J. Thomas Marten on 11/14/2018. (mam)
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Filing
454
MEMORANDUM AND ORDER granting in part and denying in part 444 Plaintiffs' Motion to Quash the Notice of Deposition of Gary Wolf. Intervenors shall be permitted to depose Wolf on the highlighted publications and presentations the Court is orde ring Wolf to produce herein. Wolf's deposition shall be limited to two (2) hours of on-the-record time. Wolf shall not be required to appear in person for his second deposition, but may appear either by telephone or video or other electronic mea ns as selected by Intervenors. The parties shall confer and cooperate in scheduling Wolf's deposition so that it is completed by 8/31/2018. Plaintiffs shall produce all highlighted publications and presentations identified for production by Intervenors' counsel that were authored or presented by Wolf within the last ten years. These materials shall be produced no later than 72 hours before Wolf's reconvened deposition. Signed by Magistrate Judge Teresa J. James on 8/13/2018. (byk)
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Filing
448
ORDER REGARDING DISCOVERY DISPUTES CONCERNING VERBALLY ISSUED FORM A SLOW ORDER AND POST-DERAILMENT LOCOMOTIVE VIDEO. Intervenor-Plaintiffs may conduct the deposition of BNSF employee Tim Abel, not exceeding 4 hours, on the specific issues set out in this Order. Counsel shall confer and notify the Court by 8/10/2018, of the date and time the Abel deposition will be conducted and, if any disputes arise during the deposition, counsel shall contact the Court during the deposition for a rulin g. The expert report of Intervenor-Plaintiffs' track maintenance expert, Alan Blackwell, may supplemented or amended before 8/31/2018 for the purposes set forth herein. The Court will address Intervenor-Plaintiffs' requests regardin g the Wolf deposition in a separate order after the filing of Intervenor-Plaintiffs' response to Railroad Plaintiffs' 444 Motion to Quash the Notice of Deposition of Wolf. The Court will not grant any relief in response to Intervenor-Plaintiffs' letter to the Court regarding the post-derailment locomotive video. See Order for more details and information. Signed by Magistrate Judge Teresa J. James on 8/3/2018. (byk)
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Filing
388
MEMORANDUM AND ORDER granting in part and denying in part 350 Railroad Plaintiffs' Motion for Fees on Motion for Sanctions, Cross Motion for Sanctions, and Response to Motion for Protective Order. Pursuant to Fed. R. Civ. P. 37(a)(5)(B) and 26 (c)(3) and its inherent authority, the Court orders counsel for Intervenor-Plaintiffs to pay Railroad Plaintiffs' reasonable attorney fees in the total amount of $17,745.50 with such amount to be paid within sixty (60) days of the date of this Memorandum and Order. Signed by Magistrate Judge Teresa J. James on 4/27/2018. (byk)
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Filing
359
ORDER MEMORIALIZING MARCH 1, 2018 DISCOVERY STATUS CONFERENCE. Intervenor-Plaintiffs shall serve supplemental answers to Railroad Plaintiffs' Interrogatories 1(b), 1(c), 2(c), and 2(d) by 3/9/2018. Counsel shall advise by close of busines s (5:00 pm) on 3/12/2018 regarding the status of any remaining disputes. Defendant Cimarron's 304 Motion to Compel Railroad Plaintiffs to produce the Operating Agreement is denied. Signed by Magistrate Judge Teresa J. James on 3/5/2018. (byk)
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Filing
347
MEMORANDUM AND ORDER granting 279 PLAINTIFFS' MOTION FOR BIFURCATED TRIAL ON ISSUES OF LIABILITY AND DAMAGES, FOR SEPARATE TRIALS ON INDIVIDUAL INTERVENORS' DAMAGES CLAIMS (see order for details). Signed by District Judge J. Thomas Marten on 2/15/2018. (mam)
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Filing
337
MEMORANDUM AND ORDER denying 262 Intervenor-Plaintiffs' Motion for Sanctions; granting 280 Railroad Plaintiffs' Cross-Motion for Sanctions. Railroad Plaintiffs shall have until 2/22/2018 to file a motion under Fed. R. Civ. P. 37( a)(5) and 26(c)(3) requesting their reasonable expenses incurred in opposing Intervenor-Plaintiffs' Motion for Sanctions and Motion for Protective Order, along with affidavits and documentation supporting the requested amount of reasonable expenses, including attorney's fees. Intervenor-Plaintiffs and/or their attorneys shall have 14 days thereafter to file a response. Signed by Magistrate Judge Teresa J. James on 2/7/2018. (byk)
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Filing
331
MEMORANDUM AND ORDER denying 311 Motion to Consolidate Discovery. This Order does not preclude the parties from continuing to share discovery in the two cases on the common liability issues by agreement. Signed by Magistrate Judge Teresa J. James on 1/30/2018. (byk)
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Filing
324
MEMORANDUM AND ORDER denying 262 Intervenor-Plaintiffs' Motion for Protective Order. Intervenor-Plaintiffs' request to be relieved of their obligation to respond to Railroad Plaintiffs' Requests for Admissions, Third Requests for Pr oduction, and Second Set of Interrogatories is denied. No later than ten (10) days from the date of this Order, Intervenor-Plaintiffs shall serve their responses and objections, if any, to Railroad Plaintiffs' Requests for Admissions, Third Requests for Production, and Second Set of Interrogatories. Signed by Magistrate Judge Teresa J. James on 1/19/2018. (ts)
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Filing
305
MEMORANDUM AND ORDER granting in part and denying in part 237 Railroad Plaintiffs' Motion for Protective Order Regarding Intervenor-Plaintiffs' Third Notices of Video Deposition Duces Tecum of Corporate Designee(s). Railroad Plaintiffs' request for sanctions is taken under advisement. Signed by Magistrate Judge Teresa J. James on 12/29/2017. (byk)
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Filing
277
MEMORANDUM AND ORDER granting in part and denying in part 226 Intervenor-Plaintiffs' Motion to Compel BNSF Corporate Designee(s) on Maintenance. The motion is granted in part as to Topics 1, 3, 4, 5, and 6, and Requests 1, 2, 3, 4, and 6, subject to the specific limitations set out herein. The motion is denied as to Topic 2 and Request 5. Signed by Magistrate Judge Teresa J. James on 12/1/2017. (byk)
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Filing
255
ORDER granting 253 Plaintiffs' Motion to File Exhibit Conventionally. Plaintiffs are specifically permitted to conventionally file (outside the Court's CM/ECF system) the "Dispatcher Recording," audio recording file identified as Exhibit I to 252 Plaintiffs' Reply to Intervenor-Plaintiffs' Response to Plaintiffs' Motion for Protective Order Regarding Third Notices of Video Deposition Duces Tecum of Corporate Designee(s). Signed by Magistrate Judge Teresa J. James on 10/31/2017. (byk)
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Filing
248
MEMORANDUM AND ORDER denying 222 Intervenor-Plaintiffs' Motion to Compel Inspection of Locomotive Headlight. Signed by Magistrate Judge Teresa J. James on 10/19/2017. (byk)
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Filing
242
MEMORANDUM AND ORDER granting in part and denying in part 219 Intervenor-Plaintiffs' Motion to Compel Discovery. Pursuant to Fed. R. Civ. P. 37, the motion is granted as to the request for the complete unedited locomotive video. Amtrak shall p roduce a copy or link for the requested one-hour Amtrak locomotive video of the subject incident to Intervenor-Plaintiffs within fourteen (14) days of the date of this Memorandum and Order. The motion is granted in part as to Fifth Request Nos. 37 a nd 38 to Amtrak (Nos. 51 and 52 to BNSF), Fourth Request No. 47 to BNSF, and Interrogatory No. 19 to BNSF. Railroad Plaintiffs shall produce documents responsive to these discovery requests and answer Interrogatory No. 19, subject to the specific limits imposed by this Order, within fourteen (14) days of the date of this Memorandum and Order. The motion is denied as to Fifth Request No. 40 to Amtrak (No. 54 to BNSF). Signed by Magistrate Judge Teresa J. James on 10/12/2017. (byk)
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Filing
234
MEMORANDUM AND ORDER granting in part and denying in part 206 Railroad Plaintiffs' Motion for Protective Order and/or Motion to Limit Discovery Regarding Intervenor-Plaintiffs' Notice of Video Deposition Duces Tecum of Corporate Designee( s). The Court grants Railroad Plaintiffs a protective order precluding any inquiry into Topics 1, 4, 5, 8, 11, and 13, and a protective order limiting inquiry under Topic 7 as set forth herein. Railroad Plaintiffs are also granted a protective order as to Requests 6, 7, and 8, and limiting Request 3 as set forth herein. It is further ordered that the objection to live internet streaming of the depositions is sustained. Signed by Magistrate Judge Teresa J. James on 9/26/2017. (byk)
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Filing
205
MEMORANDUM AND ORDER granting 186 PRO SE MOTION TO DISMISS WITHOUT PREJUDICE as to Timothy Davidson. The claims of Timothy Davidson are dismissed without prejudice. Signed by District Judge J. Thomas Marten on 7/21/2017. Mailed to pro se party Timothy Davidson at 603 Poplar Pl Nashville, TN 37216 by regular mail. (mam)
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Filing
185
MEMORANDUM AND ORDER denying 163 Motion for Reconsideration re 150 Memorandum and Order (including its alternative request to certify). Signed by District Judge J. Thomas Marten on 5/26/2017. Mailed to pro se party Timothy Davidson by regular mail. (mam)
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Filing
181
MEMORANDUM AND ORDER granting 157 Plaintiffs' Motion to Compel Discovery Responses Against Intervenor-Plaintiff Timothy Davidson. Signed by Magistrate Judge Teresa J. James on 5/11/2017. (Copy sent to pro se party Intervenor-Plaintiff Davidson by email and regular mail on 5/11/2017.) (byk)
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Filing
166
MEMORANDUM AND ORDER granting in part and denying in part 144 Intervenor-Plaintiffs' Motion to Compel Against Railroad Plaintiffs BNSF and Amtrak. The motion is GRANTED with respect to Intervenor-Plaintiffs' Request to Admit Nos. 1, 2, 3, 5-8, and Interrogatory No. 18 to BNSF/No. 10 to Amtrak. The motion is DENIED with respect to Request to Admit No. 10 and Interrogatory No. 14 to BNSF/No. 6 to Amtrak. Railroad Plaintiffs shall serve amended answers to Request to Admit Nos. 1, 2, 3, 5-8 in accordance with Fed. R. Civ. P. 36(a)(4) and amended answers to Interrogatory No. 18 to BNSF/No. 10 to Amtrak within seven (7) days of the date of this Order. The Court further orders that Railroad Plaintiffs supplement their answers to Request to Admit Nos. 1, 3, 5-8 and Interrogatory No. 18 to BNSF/No. 10 to Amtrak within ten (10) days of service of their Fed. R. Civ. P. 26(a)(2) expert witness disclosures. Signed by Magistrate Judge Teresa J. James on 4/20/2017. (byk)
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Filing
150
MEMORANDUM AND ORDER denying 105 MOTION FOR JUDGMENT ON THE PLEADINGS AS TO INTERVENOR-PLAINTIFFS' CLAIMS PURSUANT TO K.S.A. 66-176. Signed by Chief Judge J. Thomas Marten on 3/29/2017. (mam)
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Filing
82
MEMORANDUM AND ORDER granting in part and denying in part 56 Intervenor-Plaintiffs' Motion to Compel Against BNSF Railway Company and National Railroad Passenger Corporation. The motion is GRANTED with respect to Intervenor-Plaintiffs' Re quest for Production No. 26 and DENIED with respect to Intervenor-Plaintiffs' Request for Production Nos. 1 and 7 and Interrogatory No. 7. BNSF shall produce all documents responsive to Request No. 26 within fourteen (14) days from the date of this Memorandum and Order. Signed by Magistrate Judge Teresa J. James on 12/19/2016. (byk)
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