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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1 2 3 4 5 6 7 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 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 SACRAMENTO DIVISION 11 12 13 PATRIOT RAIL CORP., a Delaware corporation, Plaintiff, 14 v. 15 16 SIERRA RAILROAD COMPANY, a California corporation, 17 Defendant. 18 19 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 20 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 STIPULATION AND ORDER FOR POST-TRIAL BRIEFING SCHEDULE, PAGE LIMITS, AND EXTENDING TIME ON FEES AND COSTS 1 STIPULATION 2 Defendant and Counter-claimant Sierra Railroad Company (“Sierra”) and Plaintiff and 3 Counter-defendant Patriot Rail Corp. (now Patriot Rail Company LLC) and Cross Defendant 4 Patriot Rail, LLC (now Pacific Rail LLC) (and collectively, “Patriot”) have met and conferred 5 and agreed as follows regarding the schedule for certain post-trial matters. 6 1. On October 31, 2014, the Court issued an order (ECF 532) clarifying entry of 7 judgment and establishing the briefing schedule for Patriot’s previously-filed motion for new 8 trial: 9  Sierra’s Opposition due December 19, 2014 10  Patriot’s Reply due January 23, 2015 11 12 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: 13  Motion to be filed November 13, 2014 14  Sierra’s Opposition due December 15, 2014 15  Patriot’s Reply due January 5, 2015 16 17 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: 18  Motion to be filed November 13, 2014 19  Sierra’s Opposition due December 15, 2014 20  Patriot’s Reply due January 5, 2015 21 4. Hearing on all motions are to be set by the Court. 22 5. The filing deadline for Sierra’s attorneys’ fees motion and Sierra’s cost bill is 23 extended pursuant to L.R. 144(a) to 28 days after the hearing date set by the Court for the above 24 post-trial motions. If the Court sets more than one hearing date for these motions, the deadline 25 will be 28 days after the latest of the hearing dates. No extension for these matters has been 26 sought prior to this stipulation. Good cause exists to extend time on these filings because 27 additional attorneys’ fees and costs will be generated in connection with post-trial motions, and 28 STIPULATION AND ORDER FOR POST-TRIAL BRIEFING SCHEDULE, PAGE LIMITS, AND EXTENDING TIME ON FEES AND COSTS 1 any attorneys’ fees motion or costs bill that Sierra would file under the default deadlines 2 prescribed by L.R. 292 and 293 would need to be supplemented. 3 4 5 6 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. 7. 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. 7 8 Respectfully submitted, 9 10 Dated: November 4, 2014 11 MARY-OLGA LOVETT STEPHEN E. PAFFRATH GREENBERG TRAURIG, LLP 12 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 13 14 15 16 Dated: November 4, 2014 17 MCGREGOR W. SCOTT MICHAEL C. WEED ORRICK, HERRINGTON & SUTCLIFFE LLP 18 By: /s Michael C. Weed MICHAEL C. WEED Attorneys for Defendant and Counterclaimant Sierra Railroad Company 19 20 21 22 23 ORDER 24 IT IS SO ORDERED. 25 Dated: November 6, 2014 26 27 Troy L. Nunley United States District Judge 28 STIPULATION AND ORDER FOR POST-TRIAL BRIEFING SCHEDULE, PAGE LIMITS, AND EXTENDING TIME ON FEES AND COSTS 1 2 3 4 5 6 7 8 9 10 11 EXHIBIT A 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND ORDER FOR POST-TRIAL BRIEFING SCHEDULE, PAGE LIMITS, AND EXTENDING TIME ON FEES AND COSTS 1 2 CONFLICTS OF COUNSEL Sierra’s counsel is unavailable during the following dates due to out-of-the-country travel 3 or local commitments: 4  January 25-30, 2015 5  February 4, 2015 6  February 19-27, 2015 7  March 11-12, 2015 8  March 30-31, 2015 9  April 1-3, 2015 10 11 12 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. 13 Patriot’s counsel should be able to confirm the exact trial dates by January 30, 14 2015. 15 16  March 9-13, 2015 OHSUSA:759370184.4 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND ORDER FOR POST-TRIAL BRIEFING SCHEDULE, PAGE LIMITS, AND EXTENDING TIME ON FEES AND COSTS

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