Patriot Rail Corp. v. Sierra Railroad Company

Filing 184

ORDER signed by Judge Morrison C. England, Jr on 10/21/11 re 167 Motion for Protective Order Modification: The Court will afford the parties 14 days after the date this Order is filed in order to reach a mutually acceptable revision of the Protecti ve Order as it currently stands. The parties are DIRECTED to thereafter notify the Court as to whether a compromise has been reached. If no such agreement is forthcoming within the above-referenced time period, the Court will unilaterally make such changes to the Protective Order as it deems appropriate under the circumstances. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PATRIOT RAIL CORP.,

No. 2:09-cv-00009 MCE EFB

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Plaintiff,
ORDER

v.
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SIERRA RAILROAD COMPANY,
a California corporation,
Defendant.

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________________________

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And Related Counterclaim.

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Presently before the court is a motion (ECF No. 167) brought

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by Defendant and Counterclaimant Sierra Railroad Company

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(“Sierra”) for a court order modifying the Protective Order in

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this matter, entered into the parties by stipulation on or about

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May 21, 2009.

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and in opposition to that modification request, the Court believe

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that some change to the Protective Order is indicated for

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purposes of permitting certain due diligence disclosures in

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connection with ongoing acquisition negotiations between Sierra

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and a prospective purchaser, Iowa Pacific Holdings.

Having reviewed the papers submitted in support of

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Given Plaintiff Patriot Rail Corporation’s representation that is

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“remains amenable to discussing a modification that is tailored

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to allow disclosure of all pertinent information related to

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Sierra, while still protecting all of Patriot’s confidential

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financial and proprietary information (Opp’n, 3:17-20), the Court

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will afford the parties fourteen (14) days after the date this

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Order is filed in order to reach a mutually acceptable revision

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of the Protective Order as it currently stands.

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directed to thereafter notify the Court as to whether a

The parties are

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compromise has been reached.

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within the above-referenced time period, the Court will

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unilaterally make such changes to the Protective Order as it

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deems appropriate under the circumstances.

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If no such agreement is forthcoming

IT IS SO ORDERED.
Dated: October 21, 2011

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_____________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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