Patriot Rail Corp. v. Sierra Railroad Company

Filing 700

ORDER signed by District Judge Troy L. Nunley on 01/22/16 GRANTING 694 Request to Seal Document(s) filed by Sierra Railroad Company. (Jackson, T)

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MCGREGOR W. SCOTT (State Bar No. 142413)
[e-mail]
MICHAEL C. WEED (State Bar No. 199675)
[e-mail]
J.R. RIDDELL (State Bar No. 225004)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
Sacramento, CA 95814-4497
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant and Counterclaimant
Sierra Railroad Company

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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PATRIOT RAIL CORP., a Delaware
corporation
Plaintiff,

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SIERRA RAILROAD COMPANY, a
California corporation,

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Date:
Time:
Dept:
Judge:

February 25, 2016
2:00 p.m.
Courtroom 2
Hon. Troy L. Nunley

Defendant.

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ORDER GRANTING SIERRA
RAILROAD COMPANY’S REQUEST
TO SEAL DOCUMENTS

v.

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

AND RELATED COUNTERCLAIMS.

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ORDER GRANTING SIERRA RAILROAD COMPANY’S REQUEST TO SEAL DOCUMENTS

The Court, having considered Defendant and Counterclaimant Sierra Railroad Company’s

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(“Sierra’s”) Notice of Request and Request to Seal Documents and the materials filed with the

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Court regarding the Request, hereby rules as follows.

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IT IS HEREBY ORDERED that: Having shown good cause to maintain the confidential

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nature of the information subject to the Request, Defendant and Counterclaimant Sierra Railroad

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Company’s Request to Seal Documents is GRANTED and the below identified documents are

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ordered filed under seal.

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1.

Payment Agreement by and among Patriot Rail Holdings LLC, Messrs. Gary

Marino, Bennett Marks, and Stan Wlotko, and three Prudential entities, attached as Exhibit 7 to

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the Declaration of Michael Weed In Support Of Sierra’s Renewed Motion to Add Additional

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Judgment Debtors.

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2.

Patriot Rail LLC’s 2012 Form 1065 U.S. Return of Partnership Income, attached

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as Exhibit 10 to the Declaration of Michael Weed In Support Of Sierra’s Renewed Motion to

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Add Additional Judgment Debtors.

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3.

Patriot Equity LLC’s Assignment Separate From Certificate to the Marino

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Family Dynasty Trust dated November 12, 2010, attached as Exhibit 14 to the Declaration of

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Michael Weed In Support Of Sierra’s Renewed Motion to Add Additional Judgment Debtors.

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4.

Patriot Equity LLC’s Form K-1 with respect to its investment in Patriot Rail LLC

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for the tax year ended December 31, 2011, attached as Exhibit 15 to the Declaration of Michael

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Weed In Support Of Sierra’s Renewed Motion to Add Additional Judgment Debtors.

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5.

Patriot Rail LLC’s Summary of Distributions, attached as Exhibit 16 to the

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Declaration of Michael Weed In Support Of Sierra’s Renewed Motion to Add Additional

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Judgment Debtors.

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6.

Patriot Rail Holdings LLC’s Schedule of Distributions, attached as Exhibit 17 to

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the Declaration of Michael Weed In Support Of Sierra’s Renewed Motion to Add Additional

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Judgment Debtors.

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-1ORDER GRANTING SIERRA RAILROAD COMPANY’S REQUEST TO SEAL DOCUMENTS

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7.

A letter regarding the Marino Family Dynasty Trust signed by Gail D. Marino,

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dated December 18, 2013, attached as Exhibit 20 to the Declaration of Michael Weed In

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Support Of Sierra’s Renewed Motion to Add Additional Judgment Debtors.

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Emails and a letter regarding the Marino Family Dynasty Trust dated December

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19 and 20, 2012, attached as Exhibit 21 to the Declaration of Michael Weed In Support Of

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Sierra’s Renewed Motion to Add Additional Judgment Debtors.

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Marino Family Dynasty Trust’s Form K-1 with respect to its investment in

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Patriot Rail LLC for the tax year ended December 31, 2011, attached as Exhibit 22 to the

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Declaration of Michael Weed In Support Of Sierra’s Renewed Motion to Add Additional

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Judgment Debtors.

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10.

Funds Flow Memorandum with respect to the Stock Purchase Agreement by and

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among Patriot Rail Holdings LLC and Patriot Funding LLC dated May 4, 2012, attached as

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Exhibit 24 to the Declaration of Michael Weed In Support Of Sierra’s Renewed Motion to Add

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Additional Judgment Debtors.

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Draft of Patriot Rail LLC’s 2013 Form 1065 U.S. Return on Partnership Income,

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attached as Exhibit 25 to the Declaration of Michael Weed In Support Of Sierra’s Renewed

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Motion to Add Additional Judgment Debtors.

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12.

Patriot Daily Cash Report dated November 12, 2015, attached as Exhibit 27 to

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the Declaration of Michael Weed In Support Of Sierra’s Renewed Motion to Add Additional

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Judgment Debtors.

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Collection of letters from Patriot Rail Holdings LLC to Wells Fargo Bank,

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National Associate re: Patriot Rail Corp. Escrow dated May 6, 2014 to December 29, 2015,

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attached as Exhibit 28 to the Declaration of Michael Weed In Support Of Sierra’s Renewed

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Motion to Add Additional Judgment Debtors.

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Collection of Wells Fargo Bank, NA statements regarding the Escrow Agreement

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among Patriot Funding LLC, Patriot Rail Holdings LLC, and Wells Fargo Bank, NA dated June

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18, 2012 to December 15, 2015, attached as Exhibit 29 to the Declaration of Michael Weed In

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Support Of Sierra’s Renewed Motion to Add Additional Judgment Debtors.
-2ORDER GRANTING SIERRA RAILROAD COMPANY’S REQUEST TO SEAL DOCUMENTS

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15.

Amended and Restated Patriot Rail Management Agreement dated December 30,

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2010, attached as Exhibit 34 to the Declaration of Michael Weed In Support Of Sierra’s

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Renewed Motion to Add Additional Judgment Debtors.

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Patriot Equity LLC check dated April 8, 2014, attached as Exhibit 35 to the

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Declaration of Michael Weed In Support Of Sierra’s Renewed Motion to Add Additional

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Judgment Debtors.

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Patriot Equity LLC facsimile transmittal regarding a loan, attached as Exhibit 36

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to the Declaration of Michael Weed In Support Of Sierra’s Renewed Motion to Add Additional

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Judgment Debtors.

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18.

Excerpts from the Operating Agreement of Patriot Rail Holdings LLC dated

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November 8, 2006, attached as Exhibit 38 to the Declaration of Michael Weed In Support Of

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Sierra’s Renewed Motion to Add Additional Judgment Debtors.

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Patriot Daily Cash Report dated April 1, 2014, attached as Exhibit 40 to the

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Declaration of Michael Weed In Support Of Sierra’s Renewed Motion to Add Additional

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Judgment Debtors.

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Patriot Equity LLC Bank of America, N.A. statements dated February 28, 2013

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and August 31, 2013, attached as Exhibit 42 to the Declaration of Michael Weed In Support Of

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Sierra’s Renewed Motion to Add Additional Judgment Debtors.

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21.

Pacific Rail, LLC General Ledger dated November 11, 2015, attached as Exhibit

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44 to the Declaration of Michael Weed In Support Of Sierra’s Renewed Motion to Add

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Additional Judgment Debtors.

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22.

Bank of America statements for Pacific Rail Holdings LLC, account ending in

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#1847, prefaced by an Affidavit of Bank of America Bank Officer and/or Custodian of Records,

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attached as Exhibit 46 to the Declaration of Michael Weed In Support Of Sierra’s Renewed

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Motion to Add Additional Judgment Debtors.

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-3ORDER GRANTING SIERRA RAILROAD COMPANY’S REQUEST TO SEAL DOCUMENTS

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Gary Marino and Patriot Equity LLC American Express statements, attached as

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Exhibit 49 to the Declaration of Michael Weed In Support Of Sierra’s Renewed Motion to Add

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Additional Judgment Debtors.

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IT IS SO ORDERED.

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Dated: January 22, 2016

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Troy L. Nunley
United States District Judge

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ORDER GRANTING SIERRA RAILROAD COMPANY’S REQUEST TO SEAL DOCUMENTS