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04-619 - Schrum v. Burlington Northern


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04-619 - Schrum v. Burlington Northern
May 18, 2006
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ORDER granting 65 Motion for Summary Judgment, finding as moot 67 Motion to Strike, granting in part and denying in part 68 Motion for Summary Judgment, finding as moot 70 Motion for Summary Judgment, and finding as moot 104 Motion to Strike. The court clerk is directed to enter JUDGMENT for Defendant and terminate this case. Third-Party Defendant Chemical Lime's Motion for Summary Judgment Re: (1) No Proof of Negligence; (2) No Proof of Proximate Causation; and (3) No Facts Triggering Any Indemnity Obligation (doc. 68) is GRANTED in part and DENIED as moot in part. It is granted as to Schrum's claims, which form the basis of the BNSF claim against Chemical Lime, but is denied as moot as to the balance of BNSF's indemnity claim. Signed by Judge Robert C Broomfield on 05/17/06. (KCS)
September 18, 2006
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ORDERED that Chemical Lime shall, within ten (l0) days of this Order: (1) advise the court in writing that it is adopting its position on the duty to defend as articulated in its previously filed summary judgment response (Doc. 80), or (2) file a response to BNSF's reconsideration motion (Doc. 113). If Chemical Lime elects to file such a response, then BNSF may file a reply in accordance with L.R.Civ 7.2(d). Signed by Judge Robert C Broomfield on 9/18/06. (RCB)(.pdf document is attached)
May 24, 2007
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ORDER granting 113 Motion for Reconsideration It is further ORDERED that the motion for summary judgment by defendant/third-party plaintiff, The Burlington Northern Santa Fe Railway Company with respect to its Third-Party Complaint (doc. 24)as against third-party defendant Chemical Lime Company of Arizona on the issue of the duty to defend is GRANTED and the Clerk shallenter judgment accordingly. It is FURTHER ORDERED that within 30 days of the date of this Order BNSF shall file and serve a motion for attorneys' fees andcosts, etc., consistent with this Order and with the 1991 ITA. Chemical Lime shall have 20 days from the date of service in which to file and serve its Response. BNSF shall then have ten days from the date of service of Chemical Lime's Response in which to file and serve a Reply, if any.. Signed by Judge Robert C Broomfield on 5/23/07.(DMT, )
March 31, 2008
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ORDER granting 145 Motion for In Camera Inspection. Within ten (10) days from the date of entry of this order, BNSF is directed to file with the Court under seal an unredacted itemized statement of attorneys fees which it is seeking in connection with this action. Signed by Judge Robert C Broomfield on 3/31/08.(DMT, )
May 30, 2008
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ORDER granting in part and denying in part 132 Motion for Attorney Fees. The motion is GRANTED to the extent BNSF is awarded $162,071.10 in attorneys fees for time expended. The motion is DENIED without prejudice to renew insofar as BNSF is seeking attorneys fees for time incurred in connection with the appeals pending in the Ninth Circuit Court of Appeals.. Signed by Judge Robert C Broomfield on 5/29/08.(DMT, )