National Railroad Passenger Corporation v. John Davis Trucking Company, Inc.
| National Railroad Passenger Corporation |
| John Davis Trucking Company, Inc. |
| John Davis Trucking Company, Inc. |
| National Railroad Passenger Corporation and Union Pacific Railroad Company |
| 3:2011cv00461 |
| June 29, 2011 |
| US District Court for the District of Nevada |
| Reno Office |
| Valerie P. Cooke |
| Howard D. McKibben |
| Motor Vehicle |
| 28 U.S.C. ยง 1331 Fed. Question |
| Both |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
816
Amended ORDER re 813 Order. Line 18 of page 4 of 813 Order is amended to reflect the proper dates of service of summons and complaint: The date "August 11, 2011" is stricken and inserted in its place is the following: "June 30, 2011, by Amtrak, and August 8, 2011, by Union Pacific." Signed by Judge Howard D. McKibben on 1/25/16. (Copies have been distributed pursuant to the NEF - JC)
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Filing
812
ORDER granting 810 / 811 Motion to Substitute Resident Counsel. Gary E. Di Grazia terminated. Signed by Judge Howard D. McKibben on 12/9/2015. (Copies have been distributed pursuant to the NEF - KR)
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Filing
792
ORDER extending execution on the judgment until the court enters order on defendant's Motion for Judgment as a Matter of Law or for New Trial 775 . Signed by Judge Howard D. McKibben on 9/29/14. (Copies have been distributed pursuant to the NEF - JC)
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Filing
758
CLERK'S JUDGMENT: Judgment is entered in favor of National Railroad Passenger Corporation ("Amtrak") and against John Davis Trucking Company, Inc. in the amount of Four million five hundred fifty-two thousand four hundred fifty-nine dollars and forty-four cents ("$4,552,459.44"). Judgment is entered in favor of Union Pacific Railroad ("UPPR") and against John Davis Trucking Company, Inc. in the amount of Two hundred ten thousand seven hundred seventy-s even dollars and four cents ("$210,777.04"). Judgment is entered in favor of Amtrak and UPRR against John Davis Trucking Company, Inc. on John Davis Trucking Company, Inc.'s counterclaims. The Court RESERVES on the entry of any interest on the Judgment. Signed by Clerk of Court, Lance S. Wilson. (Copies have been distributed pursuant to the NEF - BLG)
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Filing
738
MINUTES OF PROCEEDINGS - Jury Trial (Day 18) and Jury Trial--Damages (Day One) held on 8/27/2014 before Judge Howard D. McKibben. Crtrm Administrator: Paris Rich; Court Reporter/FTR #: Kathryn French; Time of Hearing: 9:30 AM to 11 :12 AM; 1:56 PM to 4:30 PM; Courtroom: 4; Mark Landman, Vincent Castillo, John Moore, and Liza Sui Mendoza are present on behalf of Plaintiff and Counter-defendant NATIONAL RAILROAD PASSENGER CORPORATION (Amtrak) and Counter-defendant and Counterclaimant UNION PACIFIC RAILROAD (UPRR) with electronic technician Mark Anton.Steven Jaffe and Karen Bashor are present on behalf of Defendant JOHN DAVIS TRUCKING COMPANY, INC. with electronic technician Greg Scott. Stephen Thompson, G eorge Kirklin, Rick Pope, Kristen Chambers, and Gary Di Grazia are present on behalf of Counterclaimant JOHN DAVIS TRUCKING COMPANY, INC. with electronic technician Megan Thompson. Also present are John Davis and Shane Davis, corporate designees of John Davis Trucking Company, Inc.See attached Minutes. Jury Verdict as to Negligence entered. Jury Trial--Damages (Day One) proceeds. IT IS ORDERED, Jury Trial--Damages (Day Two) is set for Thursday, 8/28/2014 at 8:30 AM in Reno Courtroom 4 before Judge Howard D. McKibben. IT IS SO ORDERED. (Copies have been distributed pursuant to the NEF - PR)
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Filing
706
MINUTES OF PROCEEDINGS - Jury Trial (Day 16) held on 8/25/2014 before Judge Howard D. McKibben. Crtrm Administrator: Paris Rich; Court Reporter: Kathryn French; Time of Hearing: 7:48 AM to 11:51 AM; 12:31 PM to 4:31 PM; Courtro om: 4;Mark Landman, Vincent Castillo, John Moore, and Liza Sui Mendoza are present on behalf of Plaintiff and Counter-defendant NATIONAL RAILROAD PASSENGER CORPORATION (Amtrak) and Counter-defendant and Counterclaimant UNION PACIFIC RAILROA D (UPRR) with electronic technician Mark Anton.Steven Jaffe and Karen Bashor are present on behalf of Defendant JOHN DAVIS TRUCKING COMPANY, INC. with electronic technician Greg Scott. Stephen Thompson, George Kirklin, Rick Pope, Kristen Chambers , and Gary Di Grazia are present on behalf of Counterclaimant JOHN DAVIS TRUCKING COMPANY, INC. with electronic technician Megan Thompson. Also present are John Davis and Shane Davis, corporate designees of John Davis Trucking Company, Inc.See attached Minutes. IT IS ORDERED, Jury Trial (Day 17) is set for Tuesday, 8/26/2014 at 8:30 AM in Reno Courtroom 4 before Judge Howard D. McKibben. IT IS SO ORDERED.(Copies have been distributed pursuant to the NEF - PR)
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Filing
695
MINUTES OF PROCEEDINGS - Jury Trial (Day 11) held on 8/18/2014 before Judge Howard D. McKibben. Crtrm Administrator: Paris Rich; Court Reporter: Kathryn French; Time of Hearing: 10:53 AM to 5:05 PM; Courtroom: 4; Mark Landman, Vincent Castillo, John Moore, and Liza Sui Mendoza are present on behalf of Plaintiff and Counter-defendant NATIONAL RAILROAD PASSENGER CORPORATION (Amtrak) and Counter-defendant and Counterclaimant UNION PACIFIC RAILROAD (UPRR) with electr onic technician Mark Anton.Steven Jaffe and Karen Bashor are present on behalf of Defendant JOHN DAVIS TRUCKING COMPANY, INC. Stephen Thompson, George Kirklin, Rick Pope, and Gary Di Grazia are present on behalf of Counterclaimant JOHN DAVIS TRU CKING COMPANY, INC. with electronic technician Megan Thompson. Also present are John Davis and Shane Davis, corporate designees of John Davis Trucking Company, Inc.See attached Minutes. IT IS ORDERED, Jury Trial (Day 12) is set for Tuesday, 8/19/2014 at 8:15 AM in Reno Courtroom 4 before Judge Howard D. McKibben. IT IS SO ORDERED. (Copies have been distributed pursuant to the NEF - PR)
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Filing
646
ORDER granting 629 and 644 Motions to Seal, subject to the filing of any objections by 7/21/2014. Signed by Judge Howard D. McKibben on 7/16/2014. (Copies have been distributed pursuant to the NEF - KR)
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Filing
579
ORDER granting John Davis Trucking's 528 , 555 , and 567 motions to file under seal, subject to the filing of any objections on or before 7/7/2014. Signed by Judge Howard D. McKibben on 7/2/2014. (Copies have been distributed pursuant to the NEF - KR)
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Filing
499
ORDER Clarifying the Court's 379 Order on NRPC and UPRR's Motion for Reconsideration of Motion to Compel re JDT's Privilege Log, re 496 Proposed Order. This Order vacates paragraph eight of the Court's 392 Minutes of Proceedings. Signed by Magistrate Judge Valerie P. Cooke on 6/12/2014. (Copies have been distributed pursuant to the NEF - KR)
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Filing
480
ORDER granting 473 and 479 Motions to Seal subject to the filing of any objections on or before 6/10/2014. Signed by Judge Howard D. McKibben on 6/3/14. (Copies have been distributed pursuant to the NEF - JC)
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Filing
460
ORDER granting 458 Motion for Extension of Time. The time to complete the ink testing is extended to 5/19/2014. Signed by Judge Howard D. McKibben on 5/14/2014. (Copies have been distributed pursuant to the NEF - KR)
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Filing
454
ORDER denying 439 Motion in Limine. Amtrak and Union Pacific shall 48 hours prior to taking of deposition of non-retained experts provide JDT with summary of facts and opinions. Should any depositions be scheduled to take place less t han 48 hours from filing of this order, JDT shall be provided with copy of declarations ordered by the court no later than two hours prior to deposition. Signed by Judge Howard D. McKibben on 5/13/14. (Copies have been distributed pursuant to the NEF - JC)
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Filing
438
ORDER concerning the protocol for the extraction of LDVR video data. The protocol proposed by JDT's expert, Mr. Fotiadis, shall be used in the extraction of video data from the LDVR. The inspection of the LDVR shall occur in Oakland, California within ten days of the date of this order. Signed by Magistrate Judge Valerie P. Cooke on 5/9/14. (Copies have been distributed pursuant to the NEF - DN)
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Filing
436
ORDER denying without prejudice JDT's 424 objections to the time limits on expert depositions. Signed by Judge Howard D. McKibben on 5/7/2014. (Copies have been distributed pursuant to the NEF - KR)
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Filing
433
ORDER denying without prejudice 420 Motion in Limine, unless and until the documents incorporated by reference in Amtrak and Union Pacific's expert disclosures have been provided to the court. Signed by Judge Howard D. McKibben on 5/6/2014. (Copies have been distributed pursuant to the NEF - KR)
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Filing
423
ORDER shortening response time re 418 , 420 emergency motions. Amtrak and Union Pacific's responses due on or before 5/5/2014 at 5 p.m. Signed by Judge Howard D. McKibben on 5/1/2014. (Copies have been distributed pursuant to the NEF - KR)
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Filing
415
ORDER re 413 Status Report addressing outstanding disputes and extending discovery deadline as to certain discrete issues only. Please see attached for details and specific deadlines. Signed by Judge Howard D. McKibben on 4/28/14. (Copies have been distributed pursuant to the NEF - JC)
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Filing
379
ORDER denying 339 Amtrack and UPRR's motion for reconsideration. Signed by Magistrate Judge Valerie P. Cooke on 3/24/14. (Copies have been distributed pursuant to the NEF - DN) (Main Document 379 replaced on 3/24/2014) (DRM).
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Filing
321
ORDER granting 299 Motion to Strike 297 Notice. JDT shall have leave to depose Mr. Jordan of Wi-Tronix in accordance with the terms in attached order. Amtrak shall provide additional declarations regarding items 1, 5 and 8 within 20 days. Amtrak and its witnesses shall be prohibited from relying upon any document not produced to JDT on or before 12/10/2013, with the exception of documents subsequently produced by 12/30/2013. Amtrak to produce Wi-PU Internal Event Log for 6/24/2011. Please see attached for details. Signed by Magistrate Judge Valerie P. Cooke on 1/30/14. (Copies have been distributed pursuant to the NEF - JC)
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Filing
317
ORDER denying 277 Motion to Compel; and granting 303 Motion for Magistrate Judge to Reconsider Magistrate Judge Order. Signed by Magistrate Judge Valerie P. Cooke on 1/28/14. (Copies have been distributed pursuant to the NEF - DN)
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Filing
289
ORDER referring case to the magistrate judge for a settlement conference. Signed by Judge Howard D. McKibben on 11/27/2013. (Copies have been distributed pursuant to the NEF - KR)
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Filing
284
ORDER - The # 274 Motion for leave to file under seal is GRANTED. The exhibit was filed and shall remain under seal (# 275 ). Signed by Magistrate Judge Valerie P. Cooke on 11/18/2013. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
253
ORDER - The joint pretrial order in this matter shall be filed on or before June 5, 2014. Signed by Judge Howard D. McKibben on 7/31/2013. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
181
ORDER re 149 second emergency motion to take depositions. The court grants John Davis Trucking's second emergemcy motion to take deposition of certain Union Pacific witnesses as more fully specified in the attached order. Signed by Magistrate Judge Valerie P. Cooke on 11/6/12. (Copies have been distributed pursuant to the NEF - DN)
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Filing
129
ORDERED as follows: 1. John Davis shall have leave to depose the following individuals: A. UPRR 30(b)(6) witness(es) regarding the repair, replacement, and/or disposition of all or any portion of the accident gate arm and its operating mec hanism, from the date of the accident to the present; B. Union Pacific employee/manager of signal maintenance Shannon Kelly; and C. Union Pacific signal employee/signal foreman Graham. 2. The depositions shall commence on October 4, 20 12, and if they are not completed on that date, John Davis shall have an additional four hours to complete them on October 5, 2012. 3. The depositions shall take place in Reno, Nevada. 4. If any disputes arise during the depositions, counsel have leave to contact this court's chambers to resolve them. Signed by Magistrate Judge Valerie P. Cooke on 9/12/2012. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
117
ORDER GRANTING 112 Motion to Seal. Signed by Judge Howard D. McKibben on 8/8/2012. (Copies have been distributed pursuant to the NEF - DRM) Modified on 8/8/2012 to reflect Exhibits '2' attached to 114 and 115 Reply sealed by quality control clerk (DRM).
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Filing
116
ORDER. The court concludes that the motion to strike Union Pacific's answerand counterclaim 99 and motion to dismiss National Railroad Passenger Corporation's complaint 97 are premature. They are for that reason denied without prejudice, to renew after the close of discovery and no later than the dispositive motions deadline. IT IS SO ORDERED. Signed by Judge Howard D. McKibben on 8/1/2012. (Copies have been distributed pursuant to the NEF - MLC)
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Filing
76
ORDER GRANTING 75 Joint Case Management Statement. Per the parties Joint Case Management Statement, the Court vacates the Case Management Conference scheduled for 2/21/2012 at 9:00 am in Courtroom 1. Signed by Magistrate Judge Valerie P. Cooke on 2/17/2012. (Copies have been distributed pursuant to the NEF - MLC)
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Filing
73
ORDER re 72 Case Management Report : The court vacates the Case Management Conference scheduled for January 20, 2012 at 9:00 am in Courtroom 1. Signed by Magistrate Judge Valerie P. Cooke on 1/19/2012. (Copies have been distributed pursuant to the NEF - DRM)
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