BNSF Railway Company v. San Joaquin Valley Railroad Company

Filing 256

ORDER vacating hearing date of August 20, 2012 and taking matter under submission. signed by Chief Judge Anthony W. Ishii on 8/17/12. (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 DATE FOR
DEFENDANT’S MOTION FOR
LEAVE TO AMEND ANSWER
TO AMENDED COMPLAINT
AND SUPPLEMENTAL
COUNTERCLAIM

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Currently before the court is a motion by defendant San Joaquin Valley Railroad
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(“Defendant”) to amend their Answer and Supplemental Counterclaims to the First Amended
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Complaint of plaintiff BNSF Railway Company (“Plaintiff”). Hearing on Defendant’s
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motion for leave to amend is currently set for Monday, August 20, 2012. The court has
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reviewed Defendant’s motion, Plaintiff’s opposition and Defendant’s reply and has
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determined that, at least for the present, the issue is suitable for decision without oral
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argument. Local Rule 78-230(h). If the court later finds that oral argument would likely be
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helpful, it will notify the parties to set an acceptable time and date.
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THEREFORE, it is hereby ordered that the hearing date of August 20, 2012 is hereby

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VACATED and no party shall appear at that time. As of August 20, 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.

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IT IS SO ORDERED.

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Dated:
h2ehf

August 17, 2012
CHIEF UNITED STATES DISTRICT JUDGE

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