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16-1094 - National Railroad Passenger Corp. et al v. Cimarron Crossing Feeders, LLC. et al


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16-1094 - National Railroad Passenger Corp. et al v. Cimarron Crossing Feeders, LLC. et al
December 19, 2016
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MEMORANDUM AND ORDER granting in part and denying in part 56 Intervenor-Plaintiffs' Motion to Compel Against BNSF Railway Company and National Railroad Passenger Corporation. The motion is GRANTED with respect to Intervenor-Plaintiffs' Request for Production No. 26 and DENIED with respect to Intervenor-Plaintiffs' Request for Production Nos. 1 and 7 and Interrogatory No. 7. BNSF shall produce all documents responsive to Request No. 26 within fourteen (14) days from the date of this Memorandum and Order. Signed by Magistrate Judge Teresa J. James on 12/19/2016. (byk)
March 29, 2017
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MEMORANDUM AND ORDER denying 105 MOTION FOR JUDGMENT ON THE PLEADINGS AS TO INTERVENOR-PLAINTIFFS' CLAIMS PURSUANT TO K.S.A. 66-176. Signed by Chief Judge J. Thomas Marten on 3/29/2017. (mam)
April 20, 2017
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MEMORANDUM AND ORDER granting in part and denying in part 144 Intervenor-Plaintiffs' Motion to Compel Against Railroad Plaintiffs BNSF and Amtrak. The motion is GRANTED with respect to Intervenor-Plaintiffs' Request to Admit Nos. 1, 2, 3, 5-8, and Interrogatory No. 18 to BNSF/No. 10 to Amtrak. The motion is DENIED with respect to Request to Admit No. 10 and Interrogatory No. 14 to BNSF/No. 6 to Amtrak. Railroad Plaintiffs shall serve amended answers to Request to Admit Nos. 1, 2, 3, 5-8 in accordance with Fed. R. Civ. P. 36(a)(4) and amended answers to Interrogatory No. 18 to BNSF/No. 10 to Amtrak within seven (7) days of the date of this Order. The Court further orders that Railroad Plaintiffs supplement their answers to Request to Admit Nos. 1, 3, 5-8 and Interrogatory No. 18 to BNSF/No. 10 to Amtrak within ten (10) days of service of their Fed. R. Civ. P. 26(a)(2) expert witness disclosures. Signed by Magistrate Judge Teresa J. James on 4/20/2017. (byk)
May 11, 2017
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dson by email and regular mail on 5/11/2017.) (byk)MEMORANDUM AND ORDER granting 157 Plaintiffs' Motion to Compel Discovery Responses Against Intervenor-Plaintiff Timothy Davidson. Signed by Magistrate Judge Teresa J. James on 5/11/2017. (Copy sent to pro se party Intervenor-Plaintiff Davi
May 26, 2017
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MEMORANDUM AND ORDER denying 163 Motion for Reconsideration re 150 Memorandum and Order (including its alternative request to certify). Signed by District Judge J. Thomas Marten on 5/26/2017. Mailed to pro se party Timothy Davidson by regular mail. (mam)
July 21, 2017
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MEMORANDUM AND ORDER granting 186 PRO SE MOTION TO DISMISS WITHOUT PREJUDICE as to Timothy Davidson. The claims of Timothy Davidson are dismissed without prejudice. Signed by District Judge J. Thomas Marten on 7/21/2017. Mailed to pro se party Timothy Davidson at 603 Poplar Pl Nashville, TN 37216 by regular mail. (mam)
September 26, 2017
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MEMORANDUM AND ORDER granting in part and denying in part 206 Railroad Plaintiffs' Motion for Protective Order and/or Motion to Limit Discovery Regarding Intervenor-Plaintiffs' Notice of Video Deposition Duces Tecum of Corporate Designee(s). The Court grants Railroad Plaintiffs a protective order precluding any inquiry into Topics 1, 4, 5, 8, 11, and 13, and a protective order limiting inquiry under Topic 7 as set forth herein. Railroad Plaintiffs are also granted a protective order as to Requests 6, 7, and 8, and limiting Request 3 as set forth herein. It is further ordered that the objection to live internet streaming of the depositions is sustained. Signed by Magistrate Judge Teresa J. James on 9/26/2017. (byk)
October 12, 2017
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MEMORANDUM AND ORDER granting in part and denying in part 219 Intervenor-Plaintiffs' Motion to Compel Discovery. Pursuant to Fed. R. Civ. P. 37, the motion is granted as to the request for the complete unedited locomotive video. Amtrak shall produce a copy or link for the requested one-hour Amtrak locomotive video of the subject incident to Intervenor-Plaintiffs within fourteen (14) days of the date of this Memorandum and Order. The motion is granted in part as to Fifth Request Nos. 37 and 38 to Amtrak (Nos. 51 and 52 to BNSF), Fourth Request No. 47 to BNSF, and Interrogatory No. 19 to BNSF. Railroad Plaintiffs shall produce documents responsive to these discovery requests and answer Interrogatory No. 19, subject to the specific limits imposed by this Order, within fourteen (14) days of the date of this Memorandum and Order. The motion is denied as to Fifth Request No. 40 to Amtrak (No. 54 to BNSF). Signed by Magistrate Judge Teresa J. James on 10/12/2017. (byk)
October 19, 2017
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MEMORANDUM AND ORDER denying 222 Intervenor-Plaintiffs' Motion to Compel Inspection of Locomotive Headlight. Signed by Magistrate Judge Teresa J. James on 10/19/2017. (byk)
October 31, 2017
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ORDER granting 253 Plaintiffs' Motion to File Exhibit Conventionally. Plaintiffs are specifically permitted to conventionally file (outside the Court's CM/ECF system) the "Dispatcher Recording," audio recording file identified as Exhibit I to 252 Plaintiffs' Reply to Intervenor-Plaintiffs' Response to Plaintiffs' Motion for Protective Order Regarding Third Notices of Video Deposition Duces Tecum of Corporate Designee(s). Signed by Magistrate Judge Teresa J. James on 10/31/2017. (byk)
December 1, 2017
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MEMORANDUM AND ORDER granting in part and denying in part 226 Intervenor-Plaintiffs' Motion to Compel BNSF Corporate Designee(s) on Maintenance. The motion is granted in part as to Topics 1, 3, 4, 5, and 6, and Requests 1, 2, 3, 4, and 6, subject to the specific limitations set out herein. The motion is denied as to Topic 2 and Request 5. Signed by Magistrate Judge Teresa J. James on 12/1/2017. (byk)
December 29, 2017
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MEMORANDUM AND ORDER granting in part and denying in part 237 Railroad Plaintiffs' Motion for Protective Order Regarding Intervenor-Plaintiffs' Third Notices of Video Deposition Duces Tecum of Corporate Designee(s). Railroad Plaintiffs' request for sanctions is taken under advisement. Signed by Magistrate Judge Teresa J. James on 12/29/2017. (byk)
January 19, 2018
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MEMORANDUM AND ORDER denying 262 Intervenor-Plaintiffs' Motion for Protective Order. Intervenor-Plaintiffs' request to be relieved of their obligation to respond to Railroad Plaintiffs' Requests for Admissions, Third Requests for Production, and Second Set of Interrogatories is denied. No later than ten (10) days from the date of this Order, Intervenor-Plaintiffs shall serve their responses and objections, if any, to Railroad Plaintiffs' Requests for Admissions, Third Requests for Production, and Second Set of Interrogatories. Signed by Magistrate Judge Teresa J. James on 1/19/2018. (ts)
January 30, 2018
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MEMORANDUM AND ORDER denying 311 Motion to Consolidate Discovery. This Order does not preclude the parties from continuing to share discovery in the two cases on the common liability issues by agreement. Signed by Magistrate Judge Teresa J. James on 1/30/2018. (byk)
February 7, 2018
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MEMORANDUM AND ORDER denying 262 Intervenor-Plaintiffs' Motion for Sanctions; granting 280 Railroad Plaintiffs' Cross-Motion for Sanctions. Railroad Plaintiffs shall have until 2/22/2018 to file a motion under Fed. R. Civ. P. 37(ses, including attorney's fees. Intervenor-Plaintiffs and/or their attorneys shall have 14 days thereafter to file a response. Signed by Magistrate Judge Teresa J. James on 2/7/2018. (byk)a)(5) and 26(c)(3) requesting their reasonable expenses incurred in opposing Intervenor-Plaintiffs' Motion for Sanctions and Motion for Protective Order, along with affidavits and documentation supporting the requested amount of reasonable expen
February 16, 2018
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MEMORANDUM AND ORDER granting 279 PLAINTIFFS' MOTION FOR BIFURCATED TRIAL ON ISSUES OF LIABILITY AND DAMAGES, FOR SEPARATE TRIALS ON INDIVIDUAL INTERVENORS' DAMAGES CLAIMS (see order for details). Signed by District Judge J. Thomas Marten on 2/15/2018. (mam)
March 5, 2018
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ORDER MEMORIALIZING MARCH 1, 2018 DISCOVERY STATUS CONFERENCE. Intervenor-Plaintiffs shall serve supplemental answers to Railroad Plaintiffs' Interrogatories 1(b), 1(c), 2(c), and 2(d) by 3/9/2018. Counsel shall advise by close of business (5:00 pm) on 3/12/2018 regarding the status of any remaining disputes. Defendant Cimarron's 304 Motion to Compel Railroad Plaintiffs to produce the Operating Agreement is denied. Signed by Magistrate Judge Teresa J. James on 3/5/2018. (byk)
April 27, 2018
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MEMORANDUM AND ORDER granting in part and denying in part 350 Railroad Plaintiffs' Motion for Fees on Motion for Sanctions, Cross Motion for Sanctions, and Response to Motion for Protective Order. Pursuant to Fed. R. Civ. P. 37(a)(5)(B) and 26(c)(3) and its inherent authority, the Court orders counsel for Intervenor-Plaintiffs to pay Railroad Plaintiffs' reasonable attorney fees in the total amount of $17,745.50 with such amount to be paid within sixty (60) days of the date of this Memorandum and Order. Signed by Magistrate Judge Teresa J. James on 4/27/2018. (byk)
August 3, 2018
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g. The expert report of Intervenor-Plaintiffs' track maintenance expert, Alan Blackwell, may be supplemented or amended before 8/31/2018 for the purposes set forth herein. The Court will address Intervenor-Plaintiffs' requests regarding the Wolf deposition in a separate order after the filing of Intervenor-Plaintiffs' response to Railroad Plaintiffs' 444 Motion to Quash the Notice of Deposition of Wolf. The Court will not grant any relief in response to Intervenor-PORDER REGARDING DISCOVERY DISPUTES CONCERNING VERBALLY ISSUED FORM A SLOW ORDER AND POST-DERAILMENT LOCOMOTIVE VIDEO. Intervenor-Plaintiffs may conduct the deposition of BNSF employee Tim Abel, not exceeding 4 hours, on the specific issues set out in this Order. Counsel shall confer and notify the Court by 8/10/2018, of the date and time the Abel deposition will be conducted and, if any disputes arise during the deposition, counsel shall contact the Court during the deposition for a rulinlaintiffs' letter to the Court regarding the post-derailment locomotive video. See Order for more details and information. Signed by Magistrate Judge Teresa J. James on 8/3/2018. (byk) (Modified on 8/6/2018 to correct typographical error in docket text. (hl))
August 13, 2018
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MEMORANDUM AND ORDER granting in part and denying in part 444 Plaintiffs' Motion to Quash the Notice of Deposition of Gary Wolf. Intervenors shall be permitted to depose Wolf on the highlighted publications and presentations the Court is ordering Wolf to produce herein. Wolf's deposition shall be limited to two (2) hours of on-the-record time. Wolf shall not be required to appear in person for his second deposition, but may appear either by telephone or video or other electronic means as selected by Intervenors. The parties shall confer and cooperate in scheduling Wolf's deposition so that it is completed by 8/31/2018. Plaintiffs shall produce all highlighted publications and presentations identified for production by Intervenors' counsel that were authored or presented by Wolf within the last ten years. These materials shall be produced no later than 72 hours before Wolf's reconvened deposition. Signed by Magistrate Judge Teresa J. James on 8/13/2018. (byk)
November 14, 2018
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gs. Signed by District Judge J. Thomas Marten on 11/14/2018. (mam)MEMORANDUM AND ORDER granting 398, 400, 402 and 463 Plaintiffs' Motions for Summary Judgment; granting 432, 436, 438, 478 and 480 Plaintiffs' Motions to Strike/Exclude (denying the request to impose sanctions and for hearing); granting 464 Plaintiffs & 472 Intervenor Plaintiffs' Motions for Leave to File Conventionally and Under Seal; denying 468 Plaintiffs' Motion for Review; granting 504 Joint Motion for Extension of Time to file responsive pleadin