Wachter v. Union Pacific Railroad Company

Filing 17

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendant's Motion for Protective Order and/or to Quash Notice of Deposition by Written Questions of Custodian of Records of Deangelo Brothers, Inc. and Utilco Railroad Services 13 is GRANTED, i n part, and DENIED, in part. Defendant will produce any provision in any contract with Deangelo Brothers, Inc. and Utilco Railroad Services related to the training or experience required to perform tree cutting or vegetation services for the Union Pa cific Railroad Company in the state of Missouri for the last five years. Further, the deposition by written questions of the custodian of records of Deangelo Brothers, Inc. and Utilco Railroad Services will not take place. Signed by District Judge John A. Ross on 4/4/13. (LAH)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RAYMOND MAX WACHTER, JR.,
Plaintiff,
vs.
UNION PACIFIC RAILROAD COMPANY,
Defendant.

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Case No. 4:12-CV-1753-JAR

MEMORANDUM AND ORDER
This matter is before the Court on Defendant’s Motion for Protective Order and/or to Quash
Notice of Deposition by Written Questions of Custodian of Records of Deangelo Brothers, Inc. and
Utilco Railroad Services (“Motion”; ECF No. 13). In the Motion, Defendant seeks to quash
Plaintiff’s notice of intention to take the deposition by written questions of the custodian of records
of Deangelo Brothers, Inc. and Utilco Railroad Services (“Notice”). In the Notice, Plaintiff seeks
“any and all contracts, records, billing invoices, and locations pertaining to all work for the Union
Pacific Railroad Company in the state of Missouri for the last five years.”
The parties held a conference call with the Court on this date regarding Defendant’s Motion.
The parties argued their positions and with the Court there was an agreement reached.
Accordingly,
IT IS HEREBY ORDERED that Defendant’s Motion for Protective Order and/or to Quash
Notice of Deposition by Written Questions of Custodian of Records of Deangelo Brothers, Inc. and
Utilco Railroad Services [13] is GRANTED, in part, and DENIED, in part. Defendant will produce
any provision in any contract with Deangelo Brothers, Inc. and Utilco Railroad Services related to
the training or experience required to perform tree cutting or vegetation services for the Union
Pacific Railroad Company in the state of Missouri for the last five years. Further, the deposition by

written questions of the custodian of records of Deangelo Brothers, Inc. and Utilco Railroad Services
will not take place.

Dated this 4th day of April, 2013.

JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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