National Railroad Passenger Corp. et al v. Cimarron Crossing Feeders, LLC. et al

Filing 255

ORDER granting 253 Plaintiffs' Motion to File Exhibit Conventionally. Plaintiffs are specifically permitted to conventionally file (outside the Court's CM/ECF system) the "Dispatcher Recording," audio recording file identified as Exhibit I to 252 Plaintiffs' Reply to Intervenor-Plaintiffs' Response to Plaintiffs' Motion for Protective Order Regarding Third Notices of Video Deposition Duces Tecum of Corporate Designee(s). Signed by Magistrate Judge Teresa J. James on 10/31/2017. (byk)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS NATIONAL RAILROAD PASSENGER CORP. and BNSF RAILWAY COMPANY, Plaintiff, and EVERETT OWEN, et al, Intervenor-Plaintiffs, v. CIMARRON CROSSING FEEDERS, LLC., Defendant. and NATIONAL RAILROAD PASSENGER CORP. d/b/a AMTRAK; and BNSF RAILWAY COMPANY, Defendants and Intervenor-Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 6:16-CV-01094-JTM-TJJ ORDER GRANTING LEAVE TO FILE EXHIBIT CONVENTIONALLY Plaintiffs have filed a Motion to File Exhibit Conventionally (ECF No. 253). Plaintiffs seek leave to conventionally file an audio recording they describe as a “Dispatcher Recording,” and identified as Exhibit I to Plaintiffs’ Reply to Intervenor-Plaintiffs’ Response to Plaintiffs’ Motion for Protective Order Regarding Third Notices of Video Deposition Duces Tecum of Corporate Designee(s). Plaintiffs seek leave to file the “Dispatch Recording” conventionally because it is a tangible digital audio file that cannot be uploaded to the Court’s CM/ECF system and therefore filed electronically on the docket. They request leave to conventionally file the audio rec cording by mailing it on a thumb drive to the C m n d Court Clerk’s Office at the U.S. Di istrict Courthou located in Wichita, Kansas. use n K IT IS THER T REFORE OR RDERED th Plaintiffs Motion to File Exhibi Conventio hat s’ o it onally (ECF No 253) is gra o. anted. Plaintiffs are spec cifically perm rmitted to co onventionally file (outsid the y de Court’s CM/ECF sys C stem) the “D Dispatcher Re ecording,” au audio recordi file ident ing tified as Exh hibit I to Plainti iffs’ Reply to Intervenor t r-Plaintiffs’ Response to Plaintiffs’ Motion for Protective O o Order Regardin Third Not ng tices of Vide Depositio Duces Te eo on ecum of Corp porate Desig gnee(s) (ECF No. F 252). IT IS FURT T THER ORD DERED TH HAT pursuan to D. Ka Rule 7.1 nt an. 1(d)(2), Plai intiffs shall sub bmit an origi inal and one copy of the thumb driv containing the audio file, along w a e ve g with copy of this Order, to the Clerk’s Office for conventiona filing. t o s c al IT IS SO ORD T DERED. Signed this 31st day of October, 2017 in Kansas C O 7 City, Kansas s. Teresa J James J. U. S. M Magistrate Jud dge

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