Patriot Rail Corp. v. Sierra Railroad Company

Filing 646

ORDER signed by District Judge Troy L. Nunley on 8/18/2015 GRANTING 633 Notice of Request to Seal Document(s). (Zignago, K.)

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HOLLAND & KNIGHT LLP
Matthew P. Vafidis (California Bar No. 103578)
John P. Kern (California Bar No. 206001)
Jessica Lanier (California Bar No. 303395)
50 California Street, Suite 2800
San Francisco, CA 94111
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
[e-mail]
[e-mail]

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Attorneys for Non-Party
Proposed Additional Judgment Debtors
GARY O. MARINO, PATRIOT EQUITY, LLC
and PATRIOT RAIL HOLDINGS, LLC

Holland & Knight LLP

UNITED STATES DISTRICT COURT

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50 California Street, Suite 2800
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]

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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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v.
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ORDER GRANTING GARY O.
MARINO, PATRIOT EQUITY, LLC,
AND PATRIOT RAIL HOLDINGS,
LLC’S, REQUEST TO
FILE DOCUMENTS UNDER SEAL

SIERRA RAILROAD COMPANY, a
California corporation,
Defendant.

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

SIERRA RAILROAD COMPANY, a
California corporation,

Hearing Time:

[Vacated by Court Order
August 13, 2015]
[Vacated by Court Order
August 13, 2015]

Dept.:
Judge:

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Hearing Date:

Courtroom 2
Hon. Troy L. Nunley

Counter-Claimant,
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v.
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PATRIOT RAIL, LLC, PATRIOT RAIL
CORPORATION, and LARRY COE,
Counter-Defendants.
AND ALL RELATED COUNTERCLAIMS
AND COUNTERCLAIMANTS.

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PROPOSED ORDER GRANTING REQUEST TO FILE UNDER SEAL

CASE NO.: 2:09-CV-00009-TLN-AC

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Non-Party Proposed Additional Judgment Debtors Gary O. Marino, Patriot Equity, LLC, and

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Patriot Rail Holdings, LLC, having filed a Request to File Documents Under Seal,

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And papers and argument in support this Request having been submitted to and duly
considered by this Court,

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AND GOOD CAUSE APPEARING THEREFOR

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IT IS HEREBY ORDERED:

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(1) The following documents will be filed under seal:

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(a)

Patriot Rail, LLC Summary of Distributions (Exhibit J to the Declaration of

Douglas Aguilera and Exhibit F to the Declaration of Bennett Marks)
(b)

Purchase Price Allocation Pursuant to FASB ASC 805- Business

Holland & Knight LLP

50 California Street, Suite 2800
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]

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Combinations Acquisition of Patriot Rail Corp., Valuation Date June 18, 2012 (Exhibit H to

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the Declaration of Douglas Aguilera)

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(c)

Funds Flow Memorandum with respect to the Stock Purchase Agreement By

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and Among Patriot Rail Holdings, LLC, as Seller, and Patriot Funding, LLC, as Purchaser,

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dated May 4, 2012 (Exhibit F to the Declaration of Douglas Aguilera)

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(d)

Equity Commitment Letter, dated May 4, 2012 (Exhibit G to the Declaration

of Douglas Aguilera)
(e)

Patriot Rail Corp. Consolidated Financial statements as of December 31,

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2012 (Exhibit E to the Declaration of Douglas Aguilera and Exhibit G to the Declaration of

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Bennett Marks)

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(f)

Patriot Rail Holdings, LLC, and Subsidiaries Consolidated Financial Report,

December 31, 2011 and 2011 (Exhibit D to the Declaration of Douglas Aguilera)
(h)

Stock Purchase Agreement 2012 (Exhibit C to the Declaration of Douglas

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Aguilera)

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(i)

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Aguilera)

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(j)

Declaration of Douglas Aguilera

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(k)

Declaration of Gary O. Marino
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Trial Transcript Excerpt, Punitive (Exhibit I to the Declaration of Douglas

ORDER GRANTING REQUEST TO FILE UNDER SEAL

CASE NO.: 2:09-CV-00009-TLN-AC

(l)

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(2)

Declaration of Bennett Marks

All parties, their representative counsel, all Non-Party Proposed Additional

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Judgment Debtors, and this court’s staff should be permitted access to these documents under seal

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as necessary to rule upon or adjudicate any motions and/or claims in this matter.

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IT IS SO ORDERED.

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Dated: August 18, 2015
Troy L. Nunley
United States District Judge

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Holland & Knight LLP

50 California Street, Suite 2800
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]

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-3ORDER GRANTING REQUEST TO FILE UNDER SEAL

CASE NO.: 2:09-CV-00009-TLN-AC