BNSF Railway Company v. San Joaquin Valley Railroad Company

Filing 245

ORDER vacating hearing dates of June 1, 2012 and June 4, 2012 signed by Chief Judge Anthony W. Ishii on 5/30/12. (Nazaroff, H)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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)
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Plaintiff,
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v.
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SAN JOAQUIN VALLEY RAILROAD )
COMPANY, et al.,
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Defendants.
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____________________________________ )
BNSF RAILWAY COMPANY,

CV F 08 - 1086 AWI SMS
ORDER VACATING
HEARING DATES FOR
MOTION FOR
RECONSIDERATION AND
FOR PRETRIAL
CONFERENCE

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Currently before the court is a motion by defendant San Joaquin Valley Railroad
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(“Defendant”) for reconsideration of the court’s “Memorandum Opinion and Order on Cross22
Motions for Summary Judgment or Summary Adjudication” filed April 18, 2012. (Doc. #
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231, hereinafter, the “April 18 Order”). Hearing on Defendant’s motion for reconsideration
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is currently set for Monday, June 4, 2012. The court has reviewed Defendant’s motion for
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reconsideration, Plaintiff’s opposition and Defendant’s reply and has determined that, at least
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for the present, the issue is suitable for decision without oral argument. Local Rule 7827
230(h). If the court later finds that oral argument would likely be helpful, it will notify the
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parties to set an acceptable time and date.

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The court also notes that a pretrial conference is currently set in this case for Friday,

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June 1, 2012. Given that neither party has identified what, if any, issues remain as a

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consequence of this court’s April 18 Order, the court concludes that whether any issue

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remains for trial will be determined by the court’s decision on Defendant’s motion for

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reconsideration. The court therefore deems it prudent to vacate the date currently set for

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pretrial conference pending its decision on the motion for reconsideration.

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THEREFORE, it is hereby ordered that the hearing date of June 4, 2012 is hereby

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VACATED and no party shall appear at that time. As of June 4, 2012, the court will take

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Defendant’s motion for reconsideration under submission and will thereafter render its

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opinion. Likewise, the pretrial conference date currently set for Friday, June 1, 2012, is

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hereby VACATED, and no party shall appear on that date.

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IT IS SO ORDERED.

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Dated:
0m8i78

May 30, 2012
CHIEF UNITED STATES DISTRICT JUDGE

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