United States of America v. Union Pacific Railroad Company
| United States of America |
| Union Pacific Railroad Company |
| 8:2010cv00444 |
| November 29, 2010 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Joseph F. Bataillon |
| Thomas D. Thalken |
| Forfeit/Penalty: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| Both |
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Filing
71
ORDER granting 70 Joint Stipulation for Partial Dismissal - Union Pacific's Administrative Procedure Act, Declaratory Judgment Act, and Constitutional Claims concerning the seizure of the railcars identified in the pleadings are dismissed with prejudice, reserving to Union Pacific the right to challenge future applications of the Tariff Act of 1930 on identical grounds in the event of future seizures. Counterclaim II asserted by the Government is dismissed with prejudice, with the unders tanding that by so dismissing, the Government does not concede that the District of Nebraska possesses jurisdiction over the seizures of the railcars at issue. In addition, the Government reserves the right to enforce future applications of the Tariff Act of 1930 against Union Pacific on identical grounds in the event of future seizures. Ordered by Chief Judge Joseph F. Bataillon. (MKR)
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Filing
43
ORDER - This matter is before the court on the court's Order regarding related cases 42 . Any party shall have to on or before December 10, 2010, to show cause why United States of America v. Union Pacific Railroad Company, 8:10CV444 should no t be consolidated with Union Pacific Railroad Company v. United States Department of Homeland Security, et al., 8:08CV336 and United States of America v. Union Pacific Railroad Company, 8:10CV430 for all purposes. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
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Filing
42
ORDER - Before the court is a Notice of Related Case 3 filed on behalf of the plaintiff United States of America indicating that this case is related to six federal court cases filed in the District of Arizona, Southern District of California, and this district. The court notes that the Nebraska federal court case 8:08CV336 Union Pacific Railroad Company v. U.S.Department of Homeland Security has been consolidated with 8:10CV430 United States of America v. Union Pacific Railroad Company. The court finds this case, 8:10CV444, is related to consolidated cases 8:10CV430 and 8:08CV336. Further, the court refers the matter of whether this case should be consolidated with 8:10CV430 and 8:08CV336 to Magistrate Judge Thomas Thalken. Ordered by Chief Judge Joseph F. Bataillon. (KBJ)
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Filing
8
ORDER granting 7 Motion to Continuance and Motion to Extend Service Deadline. Therefore, the Court hereby GRANTS the "United States of America's Second Motion to Continue Initial Pretrial Conference and Motion to Extend Service of Comopl aint Deadline Under Rule 4(m) of the FRCP". The Initial Pretrial Conference herein is hereby CONTINUED and a new Order setting a new date for this Initial Pretrial Conference will issue shortly. Plaintiff will be allowed an additional sixty days to perfect service in this matter. (Signed by Judge Andrew S. Hanen) Parties notified. (TCL )
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| Defendant: Union Pacific Railroad Company | |
| Represented By: | Marjory Colvin Batsell |
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| Plaintiff: United States of America | |
| Represented By: | Nancy Lynn Masso |
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