Gilmore et al v. Union Pacific Railroad Company, et al.,

Filing 193

ORDER signed by Magistrate Judge Dale A. Drozd on 04/09/11 following (#192) 04/08/11 hearing ORDERING that dft's 191 motion to compel deposition of third party Joe Shelby and for sanctions is GRANTED IN PART and DENIED IN PART. Dft's depo sition of Mr. Shelby shall take place on 02/28/11, at 1:30 p.m. at the place designated. If Mr. Shelby is unable to appear on that date, plfs' counsel shall work with dft's counsel to re-set the date within the discovery deadline. Plaintiff s' counsel shall pay the court reporter costs with respect to the aborted deposition. Plaintiffs' 162 motion to compel deposition of custodian of records is DENIED w/o prejudice. Plaintiffs' 190 motion to compel inspection of Loc omotive Engine 9643 and for sanctions is GRANTED IN PART and DENIED IN PART. Defendants shall make Locomotive Engine 9643 available for inspection by plf and his expert in either Shreveport, LA or Little Rock, AR on 04/14/110, with plf's decisio n as to which of those locations to be made by the end of the day on 04/08/11, in order to facilitate the parties' travel arrangements. The inspection shall last for a duration not to exceed two hours. Plaintiffs' motion for sanctions is DENIED and each side shall bear its own costs. (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEREMY GILMORE, et al.,

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Plaintiffs,

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No. CIV S-09-02180 KJM DAD

v.
UNION PACIFIC RAILROAD
COMPANY, et al.,

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ORDER
Defendants.

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This case came before the court on February 25, 2011, for hearing on defendant

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Union Pacific Railroad Company’s motion to compel deposition of third party Joe Shelby and for

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sanctions (Doc. No. 161) and on plaintiffs’ motion to compel deposition of defendant’s custodian

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of records for its locomotive facility (Doc. No. 162). Jennifer Marsh, Esq. appeared for

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plaintiffs. Naisha Covarrubias, Esq. appeared for defendant Union Pacific Railroad Company.

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The case subsequently came before the court on April 8, 2011, for hearing on

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plaintiffs’ motion to compel inspection of Locomotive Engine 9643 and for sanctions (Doc. No.

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190). At that time Larry Lockshin, Esq. appeared for plaintiffs. Stephanie L. Quinn, Esq.

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appeared for defendant Union Pacific Railroad Company.

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At each hearing, the parties’ Joint Discovery Stipulation was considered, along

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with the parties’ arguments at the hearing. For the reasons set forth in detail on the record of

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each hearing, IT IS ORDERED that:

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1. Defendant’s motion to compel deposition of third party Joe Shelby and for

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sanctions (Doc. No. 161) is granted in part and denied in part. Defendant’s deposition of Mr.

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Shelby shall take place on February 28, 2011, at 1:30 p.m. at the place designated. If Mr. Shelby

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is unable to appear on that date, plaintiffs’ counsel shall work with defendant’s counsel to re-set

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the date within the discovery deadline. Plaintiffs’ counsel shall pay the court reporter costs with

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respect to the aborted deposition.

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2. Plaintiffs’ motion to compel deposition of custodian of records (Doc. No. 162)
is denied without prejudice.

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3. Plaintiffs’ motion to compel inspection of Locomotive Engine 9643 and for

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sanctions (Doc. No. 190) is granted in part and denied in part. Defendants shall make

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Locomotive Engine 9643 available for inspection by plaintiff and his expert in either Shreveport,

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LA or Little Rock, AR on April 14, 2011, with plaintiff’s decision as to which of those locations

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to be made by the end of the day on April 8, 2011, in order to facilitate the parties’ travel

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arrangements. The inspection shall last for a duration not to exceed two hours. Plaintiffs’

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motion for sanctions is denied, and each side shall bear its own costs.

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DATED: April 9, 2011.

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DAD:kw
Ddad1\orders.civil\gilmore2180.oah.022511.040811

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