Haukereid v. National Passenger Railroad Corporation

Filing 35

ORDER granting 31 Motion to Clarify. Signed by Judge D. P. Marshall Jr. on 12/23/2013. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION SCOTT HAUKEREID, individually and as Personal Representative and Administrator of the Estate of Andrew Haukereid Jr., deceased v. PLAINTIFF No. 3:13-cv-92-DPM NATIONAL PASSENGER RAILROAD CORPORATION, dfb/a AMTRAK DEFENDANT ORDER Motion to clarify, NQ 31, granted. The Court's Order, Ng 30, accurately reflects the Court's final ruling at the hearing. The Court and counsel discussed a more-targeted production and Amtrak's preference. But driven by the difficulties of winnowing based on passengers' mental state, and wanting to impose a reasonable limitation on the kind and number of records produced, the Court concluded that a one-report production for each falling passenger was appropriate. Thereafter, Haukereid must make a preliminary showing of substantial similarity to get any more Amtrak materials about a particular fall. Ruling clarified and confirmed. So Ordered. D.P. Marshall Jr. United States District Judge -2-

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