Haukereid v. National Passenger Railroad Corporation

Filing 68

ORDER regarding the 8/1/2014 hearing. Amtrak's privilege claims, 56 & 65 , are approved. Amtrak's request for a protective order, 61 , is granted temporarily. The Order will expire on 8 September 2014. Haukereid's request for relief, [ 55]& 59 are denied. Haukereid's request for prior incident reports, 62 , is granted in part and denied in part. Production due by 15 August 2014. Haukereid's request for subsequent incident reports, 63 , is granted as to Dowd, Madison, H att, and Diaby. Haukereid's request for leave to take depositions, 64 , is granted in part and denied in part. He may depose Kelly and Tullos for three hours each. The request is denied as to Jordan. Signed by Judge D. P. Marshall Jr. on 8/1/2014. (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 PLAINTIFF No. 3:13-cv-92-DPM v. NATIONAL PASSENGER RAILROAD CORPORATION, dfb/a AMTRAK DEFENDANT ORDER For the reasons stated on the record at today' s hearing, the Court took the following actions. • Amtrak's privilege claims, see its log as supplemented, NQ 56 & 65, are approved. • Amtrak's request for a protective order, NQ 61, is granted temporarily and with skepticism. The Order will expire on 8 September 2014. Amtrak may seek a targeted permanent Order before that date. • Haukereid' s request for relief on the non-responsive documents, NQ 55 & 59, is denied. • Haukereid's request for prior incident reports, NQ 62, is granted in part and denied in part. The request for reports on passengers falling through windows is denied; windows are not doors. For each of the seven prior incidents where no report exists, Amtrak shall produce an existing document that is substantially similar to the incident report. Production due by 15 August 2014. • Haukereid' s request for subsequent incident reports, N2 63, is granted as to Dowd, Madison, Hatt, and Diaby. • Haukereid' s request for leave to take more depositions, N2 64, is granted in part and denied in part. Haukereid may depose Kelly and Tullos for three hours each. The request is denied as to Jordan. So Ordered. D.P. Marshall J(( United States District Judge -2-

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