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)

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.

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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