Melton Properties, LLC et al v. Illinois Central Railroad Company et al

Filing 75

ORDER denying as moot 58 Motion to Compel. CNRC may refile its motion to dismiss within 21 days of the date of this Order. Any response to the motion to dismiss shall be due within 14 days of the filing of the motion and any reply shall be due 7 days thereafter. Signed by Magistrate Judge Jane M. Virden on 3/11/19. (bfg)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
MELTON PROPERTIES, LLC; FLOYD
M. MELTON, JR.; FLOYD M. MELTON
III; MOSS B. MELTON; MCMILLAN ACRES;
DANNY HARGETT; JANE HART MCMILLAN
HARGETT; DAVID HARGETT

v.

PLAINTIFFS

CIVIL ACTION NO. 4:18-CV-00079-DMB-JMV

ILLINOIS CENTRAL RAILROAD COMPANY;
CANADIAN NATIONAL RAILWAY; UNION
TANK CAR COMPANY, INC.; JOHN DOES 1-5

DEFENDANTS

ORPER

1HIS DAY this cause came before the Court on the Plaintiffs' Motion to Compel
Defendants to Produce Documents and Supplement Discovery Requests (Doc. #58). The Court
being advised that Plaintiffs have withdrawn their requests for supplementation of Canadian
N~tional's

("CNRC") responses to Interrogatories Nos. S, 6 and 8, and requests for production

Nos. 2 and 12; and their request for supplementation oflllinois Central's request for production
No. 2; it is hereby ordered that as to those discovery items the motion is DENIED as moot.
As to the remaining items, the Court has held three telephonic status conferences

regarding the parties' efforts to resolve the discovery dispute. The parties have further held an inperson meeting and exchanged correspondence to the same end. Based on the briefs of the
parties, discussions during the status conferences, the Court's review of correspondence between
the parties submitted to the Court, and Defendants' representations: (i) that CNRC did not
recommend, direct, or suggest any course of action or omission as to the emergency response or
remediation, and that CNRC has no documents or things evidencing any such recommendation,

direction or suggestion, (ii) that all track safety in Mississippi was under the direction and control
ofillinois Central Railroad Company, and (iii) that CNRC had no knowledge of any unsafe
condition ofthe track in Mississippi, Plaintiffs' motion to compel as to all remaining items in
dispute is hereby DENIED.
Pursuant to the Court's order of October 19, 2018 [51], CNRC may refile its motion to
dismiss within twenty-one (21) days of the date ofthis Order. The Court, by separate Order, will
set a briefing schedule for Plaintiffs' Response in Opposition and CNRC's Rebuttal Response.
SO ORDERED, this the \

\~ay of March

APPROVED AS TO FORM:

~~~

ATTORNEY FOR DEFENDANT
CANADIAN NATIONAL RAILWAY COMPANY

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