Patriot Rail Corp. v. Sierra Railroad Company

Filing 580

STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 3/11/2015 ORDERING Sierra Railroad Company to file their Motion for Attorneys' fees and Cost Bill 28 days after the Court's latest ruling on 452 Ex Parte Application for New Trial, 535 Motion for New Trial, 536 Motion for Judgment, 566 Motion to Strike. (Michel, G.)

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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]
MICHAEL C. WEED, SBN 199675
[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,
Plaintiff,

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STIPULATION AND ORDER FOR
EXTENDING TIME ON ATTORNEYS’
FEES MOTION AND COST BILL

v.

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Case No. 2:09-cv-00009-TLN-AC

SIERRA RAILROAD COMPANY, a
California corporation,

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Date:
Time:
Dept:
Judge:

N/A
N/A
Courtroom 2
Hon. Troy L. Nunley

Defendant.

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And Related Counterclaim

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STIPULATION AND ORDER FOR 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 filing deadline for Sierra’s Attorneys’ Fees Motion and Cost

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Bill.

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On November 7, 2014, the Court signed a Stipulation and Order granting the extension of

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time on the filing deadline of Sierra’s Attorneys’ Fees Motion and Cost Bill. ECF No. 534.

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Pursuant to L.R. 144, the Stipulation and Order set the filing deadline to “28 days after the

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hearing date set by the Court for the above post-trial motions.” Id. at 2. The enumerated post-

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trial motions included Patriot’s Motion for New Trial (ECF No. 452-1), Patriot’s Motion for New

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Trial or Judgment as a Matter of Law as to the Jury’s Punitive Damages Award (ECF No. 535),

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and Patriot’s Motion for Judgment as a Matter of Law under Rule 50(b) (ECF No. 536). Id.

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On November 17, 2014, the Court set a hearing date of February 26, 2015 for Patriot’s
three new trial motions. ECF No. 537.

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On February 20, 2015, the Court ordered as submitted Patriot’s three new trial motions

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and Patriot’s Motion to Strike Declarations (ECF No. 566, filed January 23, 2015), and vacated

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the February 26, 2015 hearing date. Minute Order, ECF No. 577. The Court added that if it

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determines oral argument is necessary, such argument “will be scheduled at a later date.” Id.

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Subject to the Court’s approval, Patriot and Sierra have agreed that the filing deadline for

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Sierra’s Attorneys’ Fees Motion and Cost Bill shall be extended to 28 days following the Court’s

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latest ruling on any of the following motions:

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

Patriot’s Motion for New Trial (ECF No. 452-1)

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Patriot’s Motion for New Trial or Judgment as a Matter of Law as to the
Jury’s Punitive Damages Award (ECF No. 535)

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

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Patriot’s Motion for Judgment as a Matter of Law under Rule 50(b) (ECF
No. 536)

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Patriot’s Motion to Strike Declarations (ECF No. 566)

STIPULATION AND ORDER FOR EXTENDING TIME ON FEES AND COSTS

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Good cause exists to extend time on Sierra’s Attorneys’ Fees Motion and Cost Bill

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because additional attorneys’ fees and costs may be generated in connection with the above

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motions, particularly if the Court later schedules oral argument, and any attorneys’ fees motion or

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costs bill that Sierra would file under the previously ordered deadline would need to be

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supplemented.

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Respectfully submitted,

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Dated: March 9, 2015

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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 3-9-15)
MARY-OLGA LOVETT
Attorneys for Plaintiff and Counter-Defendant
Patriot Rail Corp. and Cross-Defendant Patriot Rail,
LLC

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Dated: March 9, 2015

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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STIPULATION AND ORDER FOR EXTENDING TIME ON FEES AND COSTS

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ORDER

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IT IS SO ORDERED.

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Dated: March 11, 2015

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Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER FOR EXTENDING TIME ON FEES AND COSTS