BNSF Railway Company et al v. The Center for Asbestos Related Disease, Inc.

Filing 59

ORDER denying as moot 45 Motion to Compel. Signed by Judge Dana L. Christensen on 2/23/2022. (ASG)

Case 9:19-cv-00040-DLC Document 59 Filed 02/23/22 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
BNSF RAILWAY COMPANY,
on behalf of THE UNITED STATES
OF AMERICA,

CV19–40–M–DLC

Plaintiff,

ORDER

vs.
THE CENTER FOR ASBESTOS
RELATED DISEASE, INC.,
Defendant.
In response to this Court’s prior Order inquiring whether BNSF’s motion to
compel still presented a live dispute (Doc. 56), the parties filed a joint submission
agreeing that “production is ongoing and the Court’s involvement is not currently
necessary.” (Doc. 57 at 1.) The parties further advise that any outstanding issues
can be jointly brought to “the Court’s attention at the proper time.” (Id. at 4.)
Based on the foregoing, the Court will deny the outstanding motion to compel
without prejudice on the grounds that it is moot. BNSF may renew its motion, if
necessary, focusing on the narrow areas where disputes remain.
Accordingly, IT IS ORDERED that BNSF’s motion to compel (Doc. 45) is
DENIED without prejudice as moot.
DATED this 23rd day of February, 2022.

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