Winfield Grain, Inc v. Marquette Transportation Co., LLC

Filing 123

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendant Marquette Transportation Co.'s Motion to Compel and for Negative Inference (ECF No. 106) is DENIED as MOOT. re: 106 MOTION to Compel and for Negative Inference filed by Defendant Marquette Transportation Co., LLC. Signed by Magistrate Judge Terry I. Adelman on 9/24/14. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
WINFIELD GRAIN, INC., et al.,
Plaintiffs,
v.
MARQUETTE TRANSPORTATION CO., LLC,
Defendant.

)
)
)
)
)
)
)

No.

4:11CV2244 TIA

MEMORANDUM AND ORDER
This matter is before the Court on Defendant Marquette Transportation Co.’s Motion to
Compel and for Negative Inference. (ECF No. 106) The parties consented to the jurisdiction of
the undersigned pursuant to 28 U.S.C. § 636(c).
After the Court concluded the bench trial in this matter on October 11, 2013, Defendant
filed a Motion to Compel and for Negative Inference indicating that Plaintiffs wrongfully
withheld documents pertaining to flood insurance and disbursement of funds to Plaintiff Kevin
James. The Defendant asks for a Court Order compelling the production of the missing
documents and imposing a negative inference on those documents such that the appraisals
indicate that the value of the facility is far below that claimed by the Plaintiffs and the condition
of the facility prior to the allisions was severely degraded, if not already a constructive loss.
The Court notes that, in its Memorandum and Order of September ___, 2014, it found the
Winfield Grain facility was severely depreciated such that Plaintiffs were entitled only to the
replacement cost minus depreciation for the damaged pile clusters and the value of the damaged
property at the time of injury. (Memorandum and Order 17, ECF No. ) Because the Order

essentially grants Defendant the relief it requests, the Court will deny Defendant’s Motion to
Compel and for Negative Inference as moot.
Accordingly,
IT IS HEREBY ORDERED that Defendant Marquette Transportation Co.’s Motion to
Compel and for Negative Inference (ECF No. 106) is DENIED as MOOT.

/s/ Terry I. Adelman
UNITED STATES MAGISTRATE JUDGE

Dated this 24th day of September, 2014.