Patriot Rail Corp. v. Sierra Railroad Company

Filing 756

ORDER signed by District Judge Troy L. Nunley on 2/19/16 GRANTING Sierra Railroad Company's Request to seal documents.(Mena-Sanchez, L)

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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, Sierra’s Request to Seal Documents is

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GRANTED and the below identified documents are ordered filed under seal.

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1.

Pacific Rail Holdings, LLC fka Patriot Rail Holdings, LLC’s 2012 and 2013

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partnership tax returns, attached as Exhibit 2 to the Declaration of Michael Weed In Support Of

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Sierra’s Reply Brief In Support Of Sierra’s Renewed Motion to Add Additional Judgment

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Debtors.

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2.

Third Amended and Restated Operating Agreement of Patriot Rail, LLC,

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effective as of January 1, 2011, attached as Exhibit 3 to the Declaration of Michael Weed In

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Support Of Sierra’s Reply Brief In Support Of Sierra’s Renewed Motion to Add Additional

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Judgment Debtors.

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3.

Letter regarding “Patriot Rail Corp. Escrow” from Gary Marino as Pacific Rail

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Holdings Chairman, CEO & President to Wells Fargo Bank, National Association, dated April

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2, 2014, attached as Exhibit 7 to the Declaration of Michael Weed In Support Of Sierra’s Reply

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

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4.

Wells Fargo Bank, NA statements regarding the Escrow Agreement among

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

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31, 2015, attached as Exhibit 8 to the Declaration of Michael Weed In Support Of Sierra’s

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

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

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Patriot Rail Company LLC Consolidated Financial Statements, dated December

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31, 2014, attached as Exhibit 11 to the Declaration of Michael Weed In Support Of Sierra’s

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

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IT IS SO ORDERED.

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Dated: February 19, 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