Haukereid v. National Passenger Railroad Corporation

Filing 60

ORDER directing the parties to send no more letters to Chambers regarding discovery disputes. A Joint Report on the issues about written discovery on other incidents due by July 28. The Court will hold a hearing on all the current discovery issues on Friday, 1 August 2014 at 2:30 p.m. Signed by Judge D. P. Marshall Jr. on 7/24/2014. (Attachments: # 1 Attachment No. 1 - Amtrak Letter, # 2 Attachment No. 2 - Haukereid Letter, # 3 Attachment No. 3 - Amtrak Response Letter)(jak)

Download PDF
711 WEST THIRD STREET LITTLE ROCK, AR 72201 501-396-5400 FAX: 501-374-5118 JAMES BRUCE McMATH SAMUEL E. LEDBETTER WILL BOND NEIL CHAMBERLIN CHARLES D. HARRISON CARTER C. STEIN ROSS NOLAND McMath Wuntls P.A. www.mcmathlaw.com CARTER C. STEIN Direct No. 501-396-5409 MART VEHIK, OF COUNSEL PHILLIP H. McMATH, OF COUNSEL carter@mcmathlaw.com ANGEL DORSEY Paralegal 501-396-5444 SIDNEY S. McMATH (1912-2003) LELAND LEATHERMAN (1915-2006) HENRY WOODS (1918-2002) WINSLOW DRUMMOND (1933-2005) angel@mcmathlaw.com July 23, 2014 Via E-Mail 011lv Hon. D. P. Marshall Jr. 600 West Capitol Avenue, Room B155 Little Rock, AR 72201 RE: Scott Haukereid, Individually and as Personal Representative and Administrator of the Estate of Andrew Haukereid, Jr., deceased v. National Railroad Passenger Cotporation, t!d/b/a Amtrak USDC, Eastern District of AR, Jonesboro Division; Case No. 3:13-CV-00092 DPMIBD Dear Judge Marshall: In its December 13,2013, Order (ECF Doc. #30), the Court overruled Amtrak's objection to Haukereid's Interrogatory 16 and Request for Production 16 and ordered Amtrak to "produce the investigation reports for every incident involving a passenger who fell out of a door while a train was between stops." Despite Haukereid's requests, Amtrak has refused to produce investigation reports or descriptions of incidents for fourteen prior incidents. For seven prior incidents, Amtrak denies having a responsive police investigation report and refuses to provide a "description ofthe incident" as requested by Interrogatory 16. Haukereid believes Amtrak too narrowly interprets the Com1's Order. For the other seven prior incidents, Amtrak states the passengers "did not exit through a door" and the incidents fall outside the Court's Order. Haukereid believes Amtrak will tell the Court these seven passengers exited a moving train through a window. However, the windows are within the exit doors. Haukereid believes Amtrak too narrowly interprets the Court's Order. Due to the tight time line, Haukereid requests a short telephone conference with the Court to discuss prior incidents. CCS/ad cc: Scott Tucker Kristopher B. Knox (via email only) (via email only) Since 1953, a tradition oflegal excellence.

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?