Union Pacific Railroad v. Utah State Tax Commission et al
Plaintiff: Union Pacific Railroad
Defendant: Utah State Tax Commission, State of Utah, The and John L. Valentine
Case Number: 2:2018cv00630
Filed: August 10, 2018
Court: US District Court for the District of Utah
Office: Central Office
County: Salt Lake
Presiding Judge: Dale A Kimball
Referring Judge: Dustin B Pead
Nature of Suit: Commerce ICC Rates, Etc.
Cause of Action: 49 U.S.C. § 11503
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 12, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 24, 2018 Opinion or Order Filing 32 ORDER granting #29 Joint MOTION Requesting Entry of Interim Order Approving Escrow of Funds and dismissing as moot #10 MOTION for Preliminary Injunction. Defendants' #30 MOTION for Extension of Time to File Response/Reply is hereby also dismissed as moot. Signed by Judge Dale A. Kimball on 9/24/2018. (eat)
September 24, 2018 Opinion or Order Filing 31 Motions No Longer Referred: #29 First MOTION Approving Escrow of Funds and #30 MOTION for Extension of Time to File Response/Reply are no longer referred to the Magistrate Judge. The District Judge will address these motions. (tmb)
September 21, 2018 Opinion or Order Filing 30 Second MOTION for Extension of Time Plaintiff's Motion for Preliminary Injunction filed by Defendants State of Utah, The, Utah State Tax Commission, John L. Valentine. (Attachments: #1 Text of Proposed Order Proposed Order on Motion for Second Extension of Time to Respond to Motion for Preliminary Injunction) Motions referred to Dustin B. Pead.(McCarrey, John) Modified by changing event type to motion for extension of time to file response/reply on 9/24/2018 (eat).
September 21, 2018 Opinion or Order Filing 29 First MOTION Approving Escrow of Funds filed by Defendants State of Utah, The, Utah State Tax Commission, John L. Valentine. Motions referred to Dustin B. Pead.(McCarrey, John)
September 20, 2018 Opinion or Order Filing 28 NOTICE OF ADR e-mailed to Defendants State of Utah, The, Utah State Tax Commission, John L. Valentine; and to Plaintiff Union Pacific Railroad. (eat)
September 19, 2018 Opinion or Order Filing 27 Defendants ANSWER to Complaint filed by Utah State Tax Commission, John L. Valentine.(McCarrey, John)
September 19, 2018 Opinion or Order Filing 26 NOTICE OF DEFICIENCY re #25 Answer to Complaint. Counsel for Defendants did not select each Defendant as a filer when filing the Answer, but instead only selected The State of Utah as a filer. This creates an error in the court's records so that it appears as though only The State of Utah has filed an Answer. The clerk requests the filer of the original document to refile the Answer and select John L. Valentine and Utah State Tax Commission as filers. The document will receive a new document number on the docket. In the future, counsel is directed to select all the individual filers of a document when filing on behalf of multiple filers. (eat)
September 19, 2018 Opinion or Order Filing 25 Defendants ANSWER to Complaint filed by State of Utah, The.(McCarrey, John)
September 6, 2018 Opinion or Order Filing 24 ORDER granting #22 Motion for Extension of Time to File Response/Reply re #10 MOTION for Preliminary Injunction. Defendants' response is due by 9/24/2018. Signed by Judge Dale A. Kimball on 9/6/2018. (eat)
September 6, 2018 Opinion or Order Filing 23 Motions No Longer Referred: #22 MOTION for Extension of Time to File Response/Reply is no longer referred to the Magistrate Judge. The District Judge will address the Motion. (tmb)
September 5, 2018 Opinion or Order Filing 22 MOTION for Extension of Time re #10 PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION filed by Defendants Utah State Tax Commission, John L. Valentine, and State of Utah, The. (Attachments: #1 Text of Proposed Order [PROPOSED] ORDER ON DEFENDANTS' MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO RAILROAD'S MOTION FOR PRELIMINARY INJUNCTION) Motions referred to Dustin B. Pead.(McCarrey, John) Modified by adding all filers, adding docket entry relationship to motion, and changing event type to motion for extension of time to file response/reply on 9/6/2018 (eat).
September 5, 2018 Opinion or Order Filing 21 ORDER granting #19 First Motion for Extension of Time to Answer #2 Complaint. Answer deadline updated for Defendants. Answer due by 9/19/2018. Signed by Magistrate Judge Dustin B. Pead on 9/5/2018. (eat)
September 4, 2018 Opinion or Order Filing 20 PROPOSED ORDER re #19 First MOTION for Extension of Time To Answer Complaint filed by Defendants Utah State Tax Commission, John L. Valentine, and State of Utah, The. Motions referred to Dustin B. Pead.(McCarrey, John) Modified by adding all filers, creating docket entry relationship to motion, and correcting docket text so it's clear that document is a proposed order and not a motion on 9/5/2018 (eat).
September 4, 2018 Opinion or Order Filing 19 MOTION for Extension of Time to Answer Complaint filed by Defendants Utah State Tax Commission, John L. Valentine, and State of Utah, The. Motions referred to Dustin B. Pead.(McCarrey, John) Modified by adding all filers and changing event type to Motion for Extension of Time to File Answer on 9/5/2018 (eat).
August 30, 2018 Opinion or Order Filing 18 NOTICE of Appearance by Michelle A. Lombardi on behalf of Utah State Tax Commission, John L. Valentine (Lombardi, Michelle)
August 30, 2018 Opinion or Order Filing 17 NOTICE of Appearance by John C. McCarrey on behalf of Utah State Tax Commission, John L. Valentine (McCarrey, John)
August 28, 2018 Opinion or Order Filing 16 ORDER RE: PROCEDURES FOR EMERGENCY MOTION re #10 MOTION for Preliminary Injunction filed by Union Pacific Railroad. Signed by Judge Dale A. Kimball on 8/28/2018. (eat)
August 28, 2018 Opinion or Order Filing 15 DOCKET TEXT ORDER granting #11 Motion to Seal Document; and granting #12 Motion for Leave to File Sealed Document. Signed by Judge Dale A. Kimball on 8/28/2018. No attached document. (eat)
August 27, 2018 Opinion or Order Filing 14 **SEALED DOCUMENT** EXHIBIT D re #10 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Union Pacific RailroadNOTE: Filer is instructed to serve the sealed document on all other parties.. (Deeds, John)
August 27, 2018 Opinion or Order Filing 13 **SEALED DOCUMENT** EXHIBIT B re #10 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Union Pacific RailroadNOTE: Filer is instructed to serve the sealed document on all other parties.. (Deeds, John)
August 27, 2018 Opinion or Order Filing 12 MOTION for Leave to File Sealed Document re #10 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Union Pacific Railroad. Motions referred to Dustin B. Pead.(Deeds, John)
August 27, 2018 Opinion or Order Filing 11 MOTION to Seal Document #10 MOTION for Preliminary Injunction and Memorandum in Support and Memorandum in Support filed by Plaintiff Union Pacific Railroad. Motions referred to Dustin B. Pead.(Deeds, John)
August 27, 2018 Opinion or Order Filing 10 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Union Pacific Railroad. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Affidavit of Mr. Robert A. Morgan, #3 Exhibit B - REDACTED USTC 2018 Appraisal of UPRR, #4 Exhibit C - 2018 UT Apportionment of UPRR Value to Utah Counties, #5 Exhibit D - REDACTED Appraisal by Dr. Hal Heaton, #6 Text of Proposed Order Proposed Order on Motion for Preliminary Injunction)(Crapo, David)
August 24, 2018 Opinion or Order Filing 9 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Union Pacific Railroad as to State of Utah, The served on 8/16/2017, answer due 9/6/2017. (Deeds, John)
August 24, 2018 Opinion or Order Filing 8 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Union Pacific Railroad as to John L. Valentine served on 8/17/2018, answer due 9/7/2018. (Deeds, John)
August 24, 2018 Opinion or Order Filing 7 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Union Pacific Railroad as to Utah State Tax Commission served on 8/16/2018, answer due 9/6/2018. (Deeds, John)
August 13, 2018 Opinion or Order Filing 6 **RESTRICTED DOCUMENT**Summons Issued Electronically as to John L. Valentine. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (tlh)
August 13, 2018 Opinion or Order Filing 5 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Utah State Tax Commission. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (tlh)
August 13, 2018 Opinion or Order Filing 4 **RESTRICTED DOCUMENT**Summons Issued Electronically as to State of Utah, The. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (tlh)
August 13, 2018 Opinion or Order Filing 3 ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Dale A. Kimball on 8/13/2018. (eat)
August 10, 2018 Opinion or Order Filing 2 COMPLAINT against All Defendants (Filing fee $ 400, receipt number 1088-3076165) filed by Union Pacific Railroad. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge Dale A. Kimball (Crapo, David)
August 10, 2018 Opinion or Order Filing 1 Case has been indexed and assigned to Judge Dale A. Kimball. Plaintiff Union Pacific Railroad is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (tlh)

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Defendant: Utah State Tax Commission
Represented By: Michelle A. Lombardi
Represented By: John C. McCarrey
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Defendant: State of Utah, The
Represented By: Michelle A. Lombardi
Represented By: John C. McCarrey
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Defendant: John L. Valentine
Represented By: Michelle A. Lombardi
Represented By: John C. McCarrey
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Plaintiff: Union Pacific Railroad
Represented By: John T. Deeds
Represented By: David J. Crapo
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