Patriot Rail Corp. v. Sierra Railroad Company

Filing 494

STIPULATION and ORDER re Post-Verdict Briefing and Hearing Schedule signed by District Judge Troy L. Nunley on 5/27/14. (Kaminski, H)

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MARY-OLGA LOVETT, admitted pro hac vice
[e-mail]
STEPHEN E. PAFFRATH, SBN 195932
[e-mail]
GREENBERG TRAURIG, LLP
1201 K Street, Suite 1100
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]

MCGREGOR W. SCOTT, SBN 142413
[e-mail]
NORMAN C. HILE, SBN 57299
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiff and Counter-Defendant,
Patriot Rail Corp. and Cross-Defendant
Patriot Rail, LLC

Attorneys for Defendant and Counterclaimant
Sierra Railroad Company

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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PATRIOT RAIL CORP., a Delaware
corporation,

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Plaintiff,
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Case No. 2:09-cv-00009-TLN-AC
STIPULATION AND ORDER FOR
POST-VERDICT BRIEFING AND
HEARING SCHEDULE

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

Trial:
Date:
Time:
Dept:
Judge:

March 10, 2014
9:00 a.m.
Courtroom 2
Troy L. Nunley

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And Related Counterclaim
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STIPULATION AND ORDER FOR POST-VERDICT BRIEFING AND HEARING SCHEDULE

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STIPULATION
Pursuant to the Court’s May 9, 2014 Minute Order [ECF 492], Plaintiff and CounterDefendant Patriot Rail Corp. (Patriot Rail Company LLC) and Cross-Defendant Patriot Rail, LLC
(collectively, “Patriot”) and Defendant and Counterclaimant Sierra Railroad Company (“Sierra”)
(collectively, the “Parties”) have met and conferred and agreed to a proposed briefing and hearing
schedule with respect to Sierra’s Claim for Exemplary Damages under Civil Code
Section 3426.3, Sierra’s Unfair Competition Claim, and Sierra’s claim for prejudgment interest.
Each side may present opening briefs on any related motions they intend to bring, with
oppositions and replies, as follows:
Deadline to file opening briefs:

June 4, 2014

Deadline to file opposition briefs:

June 25, 2014

Deadline to file reply briefs:

July 2, 2014

Hearing date:

July 9, 2014 at 9:00 a.m.

The Parties, by stipulating to this schedule, do not waive any objections they have as to
evidence, the appropriateness of resolution by briefing, or substantive arguments. This includes,
but is not limited to, Patriot’s objection to the introduction of any additional evidence by motion
(which Sierra has stated it intends to present with respect to its Civil Code section 3426.3 claim).
Nothing in this stipulation prevents any party from bringing any other motions, such as
pre- or post-judgment motions that they may otherwise bring, at a later or different time.
Respectfully submitted,

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Dated: May 16, 2014
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MARY-OLGA LOVETT
STEPHEN E. PAFFRATH
GREENBERG TRAURIG, LLP

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By: /s Mary-Olga Lovett (as authorized on 5/16/14)
MARY-OLGA LOVETT
Attorneys for Plaintiff and Counter-Defendant
Patriot Rail Corp. and Cross-Defendant Patriot Rail,
LLC

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STIPULATION AND ORDER FOR POST-VERDICT BRIEFING AND HEARING SCHEDULE

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Dated: May 16, 2014

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MCGREGOR W. SCOTT
MICHAEL C. WEED
ORRICK, HERRINGTON & SUTCLIFFE LLP

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By: /s Michael C. Weed
MICHAEL C. WEED
Attorneys for Defendant and Counterclaimant
Sierra Railroad Company

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ORDER

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IT IS SO ORDERED.

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Dated: May 27, 2014

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Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER FOR POST-VERDICT BRIEFING AND HEARING SCHEDULE