Madden v. Antonov et al

Filing 265

ORDER Madden's objection (filing 226 ) is overruled as moot. Ordered by Judge John M. Gerrard. (NMW)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RONALD D. MADDEN,
Plaintiff,

4:12-CV-3090

vs.
MEMORANDUM AND ORDER
ANTON ANTONOV & AV
TRANSPORTATION, INC., and
BNSF RAILWAY COMPANY,
Defendants.
This matter is before the Court on plaintiff Ronald D. Madden's
objection (filing 226) to the Magistrate Judge's Order of December 12, 2014
(filing 225). In that order, the Magistrate Judge found that in the interest of
judicial economy, to avoid entering potentially inconsistent and unnecessary
rulings, and to curtail potentially unnecessary expenditures of the parties’
time and resources, Madden's motion to compel (filing 221) and defendant
BNSF Railway Company's motion for a protective order (filing 217) should be
held in abeyance pending a ruling on BNSF's motion for summary judgment
and its accompanying motions in limine. The Magistrate Judge reasoned that
[m]any of the legal arguments in the parties’ briefs are currently
before Judge Gerrard on Defendant’s motion for summary
judgment and Daubert motions. Those rulings will define the
parameters of relevant discovery and inform the undersigned
magistrate judge’s consideration on the pending discovery
motions. While waiting for full briefing and disposition on the
matters pending before Judge Gerrard will no doubt delay any
trial setting, the court is more concerned with being right than
being fast.
Filing 225 at 2.
The Court agrees with the Magistrate Judge's reasoning. In any event,
the Court has now ruled on BNSF's motion for summary judgment and
motions in limine, and Madden's objection is now moot.

IT IS ORDERED:
1.

Madden's objection (filing 226) is overruled as moot.

Dated this 17th day of February, 2015.
BY THE COURT:

John M. Gerrard
United States District Judge

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