Patriot Rail Corp. v. Sierra Railroad Company
Filing
534
STIPULATION and ORDER 533 for Post-Trial Briefing Schedule, Page Limits & Extending Time on Attorneys' Fees Motion & Cost Bill signed by District Judge Troy L. Nunley on 11/6/2014. (Marciel, M)
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MARY-OLGA LOVETT, admitted pro hac vice
lovettm@gtlaw.com
STEPHEN E. PAFFRATH, SBN 195932
paffraths@gtlaw.com
GREENBERG TRAURIG, LLP
1201 K Street, Suite 1100
Sacramento, CA 95814
Telephone: (916) 442-1111
Facsimile: (916) 448-1709
MCGREGOR W. SCOTT, SBN 142413
mcgregor.scott@orrick.com
MICHAEL C. WEED, SBN 199675
mweed@orrick.com
ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
Sacramento, CA 95814
Telephone: (916) 447-9200
Facsimile: (916) 329-4900
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,
Plaintiff,
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v.
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SIERRA RAILROAD COMPANY, a
California corporation,
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Defendant.
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Case No. 2:09-cv-00009-TLN-AC
STIPULATION AND ORDER FOR
POST-TRIAL BRIEFING SCHEDULE,
PAGE LIMITS, AND EXTENDING
TIME ON ATTORNEYS’ FEES
MOTION AND COST BILL
Date:
Time:
Dept:
Judge:
Courtroom 2
Hon. Troy L. Nunley
And Related Counterclaim
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STIPULATION AND ORDER FOR POST-TRIAL BRIEFING SCHEDULE, PAGE LIMITS, AND
EXTENDING TIME ON FEES AND COSTS
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STIPULATION
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Defendant and Counter-claimant Sierra Railroad Company (“Sierra”) and Plaintiff and
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Counter-defendant Patriot Rail Corp. (now Patriot Rail Company LLC) and Cross Defendant
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Patriot Rail, LLC (now Pacific Rail LLC) (and collectively, “Patriot”) have met and conferred
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and agreed as follows regarding the schedule for certain post-trial matters.
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1.
On October 31, 2014, the Court issued an order (ECF 532) clarifying entry of
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judgment and establishing the briefing schedule for Patriot’s previously-filed motion for new
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trial:
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Sierra’s Opposition due December 19, 2014
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Patriot’s Reply due January 23, 2015
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2.
On Patriot’s new trial motion regarding punitive damages (to be filed), Sierra and
Patriot agree to the following schedule, if approved by the Court:
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Motion to be filed November 13, 2014
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Sierra’s Opposition due December 15, 2014
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Patriot’s Reply due January 5, 2015
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3.
On Patriot’s renewed motion for judgment as a matter of law (to be filed), Sierra
and Patriot agree to the following schedule, if approved by the Court:
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Motion to be filed November 13, 2014
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Sierra’s Opposition due December 15, 2014
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Patriot’s Reply due January 5, 2015
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4.
Hearing on all motions are to be set by the Court.
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5.
The filing deadline for Sierra’s attorneys’ fees motion and Sierra’s cost bill is
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extended pursuant to L.R. 144(a) to 28 days after the hearing date set by the Court for the above
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post-trial motions. If the Court sets more than one hearing date for these motions, the deadline
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will be 28 days after the latest of the hearing dates. No extension for these matters has been
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sought prior to this stipulation. Good cause exists to extend time on these filings because
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additional attorneys’ fees and costs will be generated in connection with post-trial motions, and
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STIPULATION AND ORDER FOR POST-TRIAL BRIEFING SCHEDULE, PAGE LIMITS, AND
EXTENDING TIME ON FEES AND COSTS
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any attorneys’ fees motion or costs bill that Sierra would file under the default deadlines
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prescribed by L.R. 292 and 293 would need to be supplemented.
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6.
The page limit for all principal briefs in the matters described above is 30 pages, in
accordance with the Court’s prior ruling. ECF 479. Reply briefs will be limited to 15 pages.
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For the Court’s convenience in setting any hearing on these matters, the parties
attach as Exhibit A the dates on which counsel currently have existing obligations.
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Respectfully submitted,
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Dated: November 4, 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 11-4-14)
MARY-OLGA LOVETT
Attorneys for Plaintiff and Counter-Defendant
Patriot Rail Corp. and Cross-Defendant Patriot Rail,
LLC
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Dated: November 4, 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: November 6, 2014
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Troy L. Nunley
United States District Judge
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STIPULATION AND ORDER FOR POST-TRIAL BRIEFING SCHEDULE, PAGE LIMITS, AND
EXTENDING TIME ON FEES AND COSTS
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EXHIBIT A
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STIPULATION AND ORDER FOR POST-TRIAL BRIEFING SCHEDULE, PAGE LIMITS, AND
EXTENDING TIME ON FEES AND COSTS
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CONFLICTS OF COUNSEL
Sierra’s counsel is unavailable during the following dates due to out-of-the-country travel
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or local commitments:
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January 25-30, 2015
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February 4, 2015
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February 19-27, 2015
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March 11-12, 2015
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March 30-31, 2015
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April 1-3, 2015
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Patriot’s counsel is unavailable during the following dates due to trial commitments in
other matters:
A five-day trial to be “called on short notice” in the month of February 2015.
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Patriot’s counsel should be able to confirm the exact trial dates by January 30,
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2015.
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March 9-13, 2015
OHSUSA:759370184.4
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STIPULATION AND ORDER FOR POST-TRIAL BRIEFING SCHEDULE, PAGE LIMITS, AND
EXTENDING TIME ON FEES AND COSTS
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