Union Pacific Railroad v. Utah State Tax Commission et al
| Union Pacific Railroad |
| State of Utah, Utah State Tax Commission and John L. Valentine |
| Iron County, Emery County, Tooele County, Millard County, Grand County, Box Elder County, Salt Lake County, Morgan County, Carbon County, Beaver County and Summit County |
| 2:2020cv00547 |
| July 31, 2020 |
| US District Court for the District of Utah |
| Central Office |
| Jared C Bennett |
| Daphne A Oberg |
| Robert J Shelby |
| Commerce ICC Rates, Etc. |
| 49 U.S.C. § 11501 |
| None |
Docket Report
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| Filing 42 Please be advised the Record is complete for purposes of appeal for USCA case number 20-4093 re #37 Notice of Appeal - Interlocutory. (jwt) |
Filing 41
MEMORANDUM DECISION and ORDER granting #26 Motion to Intervene. Signed by Judge Robert J. Shelby on 9/21/2020. (lnp)
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| Filing 40 NOTICE of Transcript Order Unnecessary by Union Pacific Railroad (Crapo, David) |
| Filing 39 USCA Case Number Case Appealed to Tenth Circuit Case Number 20-4093 for #37 Notice of Appeal - Interlocutory filed by Union Pacific Railroad. (jrj) |
| Filing 38 Transmission of Preliminary Record to USCA re #37 Notice of Appeal - Interlocutory as to Tenth Circuit. (Attachments: #1 Exhibit Preliminary Record) (dla) |
| Filing 37 NOTICE OF INTERLOCUTORY APPEAL as to #28 Order on Motion for Preliminary Injunction filed by Union Pacific Railroad. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number AUTDC-3715833. (Crapo, David) |
| Filing 36 ANSWER to Complaint filed by Utah State Tax Commission.(McCarrey, John) |
| Filing 35 REQUEST to Submit for Decision re #26 MOTION to Intervene and Memorandum in Support filed by Movants Beaver County, Box Elder County, Carbon County, Emery County, Grand County, Iron County, Millard County, Morgan County, Salt Lake County, Summit County, Tooele County. (Attachments: #1 Exhibit DKT 44. Case No. 2:18-cv-0630)(Peters, Thomas) |
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Filing 34
SCHEDULING ORDER: Amended Pleadings due by 11/24/2020. Joinder of Parties due by 11/24/2020. Expert Discovery due by 8/24/2021. Dispositive or Potentially Dispositive Motions due by 9/21/2021. Signed by Magistrate Judge Jared C. Bennett on 9/2/20. (dla)
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| Filing 33 REPORT OF ATTORNEY PLANNING MEETING. (Deeds, John) |
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Filing 32
ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Robert J. Shelby on 8/31/2020. (mjm)
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| Filing 31 RESPONSE to Motion re #26 MOTION to Intervene and Memorandum in Support filed by Defendant Utah State Tax Commission. (McCarrey, John) |
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Filing 30
DOCKET TEXT ORDE: Movants' Motion for Extension of Time to File Response/Reply #27 is DENIED AS MOOT per the court's Order #28 denying Plaintiff's Motion for Preliminary Injunction. Signed by Judge Robert J. Shelby on 8/25/20. No attached document. (dla)
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| Filing 29 Plaintiff's MEMORANDUM in Opposition re #26 MOTION to Intervene and Memorandum in Support filed by Plaintiff Union Pacific Railroad. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Crapo, David) |
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Filing 28
ORDER denying #14 Motion for Preliminary Injunction Without Prejudice. Signed by Judge Robert J. Shelby on 8/24/20. (dla)
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| Filing 27 MOTION for Extension of Time to File Response/Reply as to #14 First MOTION for Preliminary Injunction and Memorandum in Support and Memorandum in Support filed by Movants Beaver County, Box Elder County, Carbon County, Emery County, Grand County, Iron County, Millard County, Morgan County, Salt Lake County, Summit County, Tooele County. (Peters, Thomas) |
| Filing 26 MOTION to Intervene and Memorandum in Support filed by Movants Beaver County, Box Elder County, Carbon County, Emery County, Grand County, Iron County, Millard County, Morgan County, Salt Lake County, Summit County, Tooele County. (Attachments: #1 Exhibit Hon.Kimball Order) Attorney Thomas William Peters added to party Beaver County(pty:mov), Attorney Thomas William Peters added to party Box Elder County(pty:mov), Attorney Thomas William Peters added to party Carbon County(pty:mov), Attorney Thomas William Peters added to party Emery County(pty:mov), Attorney Thomas William Peters added to party Grand County(pty:mov), Attorney Thomas William Peters added to party Iron County(pty:mov), Attorney Thomas William Peters added to party Millard County(pty:mov), Attorney Thomas William Peters added to party Morgan County(pty:mov), Attorney Thomas William Peters added to party Summit County(pty:mov), Attorney Thomas William Peters added to party Tooele County(pty:mov)(Peters, Thomas) |
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Filing 25
ORDER granting #23 MOTION for Extension of Time Response to Motion for Preliminary Injunction and Memorandum in Support MOTION for Extension of Time to File Response/Reply as to #14 First MOTION for Preliminary Injunction and Memorandum in Support and Memorandum in Support. The deadline for Defendants to respond to Union Pacific's Motion for Preliminary Injunction is extended until September 21, 2020. ORDER granting #24 MOTION for Extension of Time to File Answer re #2 Complaint. The deadline for Defendants to answer or otherwise respond to Union Pacific's Complaint is extended until September 8, 2020. Signed by Judge Robert J. Shelby on 8/21/2020. (lnp)
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| Filing 24 MOTION for Extension of Time to File Answer re #2 Complaint, and Memorandum in Support filed by Defendant Utah State Tax Commission. (Attachments: #1 Text of Proposed Order proposed Order)(McCarrey, John) |
| Filing 23 MOTION for Extension of Time Response to Motion for Preliminary Injunction and Memorandum in Support , MOTION for Extension of Time to File Response/Reply as to #14 First MOTION for Preliminary Injunction and Memorandum in Support and Memorandum in Support filed by Defendant State of Utah. (Attachments: #1 Exhibit Order Granting Motions to Intervene, #2 Text of Proposed Order proposed Order Granting Motion for Enlargement of Time to Respond)(McCarrey, John) |
| Filing 22 All Consent/Reassignment Forms have now been received. After review of all forms, Case Reassigned to District Judge per request of one or more party(s). Case randomly assigned to Judge Robert J. Shelby. Magistrate Judge Daphne A. Oberg no longer assigned to the case. (alf) |
| Filing 21 RECEIVED Consent/Reassignment Form from Defendants State of Utah, Utah State Tax Commission, John L. Valentine. (alf) |
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Filing 20
DOCKET TEXT ORDER GRANTING #15 Motion for Leave to File Under Seal Exhibits B & D to Union Pacific Railroad Company's Motion for Preliminary Injunction. Signed by Magistrate Judge Daphne A. Oberg on 8/11/2020. No attached document. (med)
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| Filing 19 **SEALED DOCUMENT** re #14 First 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.. (Crapo, David) |
| Filing 18 **SEALED DOCUMENT** re #14 First 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.. (Crapo, David) |
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Filing 17
DOCKET TEXT ORDER: Plaintiff is ORDERED to file sealed versions of Exhibits B and D to the #14 Motion for Preliminary Injunction which highlight the portions of the documents it seeks to file under seal in accordance with DUCivR 5-3(b)(1). Plaintiff must file the sealed versions by August 13, 2020. The court will rule on the #15 Motion for Leave to File Under Seal after receiving and reviewing the sealed filing. No attached document. Signed by Magistrate Judge Daphne A. Oberg on 8/10/2020. (med)
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| Filing 16 RECEIVED Consent/Reassignment Form from Plaintiff Union Pacific Railroad. (alf) |
| Filing 15 Plaintiff's MOTION for Leave to File Motion for Leave to File Under Seal and Memorandum in Support filed by Plaintiff Union Pacific Railroad. (Attachments: #1 Text of Proposed Order Proposed Order on Motion for Leave to File Under Seal)(Crapo, David) |
| Filing 14 First MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Union Pacific Railroad. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Text of Proposed Order Proposed Order on UPRR's Motion for Preliminary Injunction)(Crapo, David) |
| Filing 13 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Union Pacific Railroad as to John L. Valentine served on 8/5/2020, answer due 8/26/2020. (Crapo, David) |
| Filing 12 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Union Pacific Railroad as to Utah State Tax Commission served on 8/4/2020, answer due 8/25/2020. (Crapo, David) |
| Filing 11 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Union Pacific Railroad as to State of Utah served on 8/4/2020, answer due 8/25/2020. (Crapo, David) |
| Filing 10 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Defendants State of Utah, Utah State Tax Commission, John L. Valentine, Plaintiff Union Pacific Railroad. Form due by 8/20/2020. (alf) |
| Filing 9 NOTICE of Appearance by Bryant Thomas Hinckley on behalf of State of Utah, Utah State Tax Commission, John L. Valentine (Hinckley, Bryant) |
| Filing 8 NOTICE of Appearance by Michelle A. Lombardi on behalf of State of Utah, Utah State Tax Commission, John L. Valentine (Lombardi, Michelle) |
| Filing 7 NOTICE of Appearance by John C. McCarrey on behalf of State of Utah, Utah State Tax Commission, John L. Valentine (McCarrey, John) |
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Filing 6
ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen(14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Daphne A. Oberg on 8/3/20. (alf)
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| Filing 5 **RESTRICTED DOCUMENT**Summons Issued Electronically as to State of Utah. 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. (jl) |
| Filing 4 **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. (jl) |
| Filing 3 **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. (jl) |
| Filing 2 COMPLAINT for Injunctive and Declaratory Relief against All Defendants (Filing fee $ 400, receipt number AUTDC-3667850) filed by Union Pacific Railroad. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Daphne A. Oberg (Crapo, David) |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Daphne A. Oberg. 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. (dw) |
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