Union Pacific Railroad Company v. United States Department of Homeland Security et al

Filing 192

ORDER granting Defendant's 182 ) Motion to Alter or Amend in case 8:08-cv-00336-JFB-TDT; granting (75) Motion to Amend in case 8:10-cv-00430-JFB-TDT; granting (75) Motion to Amend in case 8:10-cv-00444-JFB-TDT. The Memorandum and Order (F iling No. 180 ) and the Permanent Injunction (Filing No. 181 ) are hereby vacated and withdrawn. An Amended Memorandum and Order and Amended Permanent Injunction will issue this date. The Clerk of Court is directed to file those orders with restricted access pursuant to the protective order (Filing No. 116 ). Member Cases: 8:08-cv-00336-JFB-TDT, 8:10-cv-00430-JFB-TDT, 8:10-cv-00444-JFB-TDTOrdered by Judge Joseph F. Bataillon. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNION PACIFIC RAILROAD COMPANY,
Plaintiff,
v.
UNITED STATES DEPARTMENT OF
HOMELAND SECURITY, et al.,
Defendants.
___________________________________
UNITED STATES OF AMERICA,
Plaintiff,
v.
UNION PACIFIC RAILROAD COMPANY,
Defendant.
___________________________________
UNITED STATES OF AMERICA,
Plaintiff,
v.
UNION PACIFIC RAILROAD COMPANY,
Defendant.
___________________________________

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

8:08CV336
ORDER

8:10CV430

ORDER

8:10CV444

ORDER

This matter is before the court on the motion of the United States Department of
Homeland Security, and Secretary Janet Napolitano (hereinafter, “the Government”) to
alter or amend the Memorandum and Order and Permanent Injunction dated December

19, 2011 (Filing Nos. 180 & 181), under Fed. R. Civ. P. 59(e), Filing No. 182. Union Pacific
Railroad Company concurs with the Government’s request to modify both the
Memorandum and Order (Filing No. 180) and the Permanent Injunction (Filing No. 181) to
reflect that only the monetary penalties are at issue. See Filing No. 190, Response at 3.
Further, the parties agree to certain modifications to the court’s citations to the record.
See Filing No. 190, Response at 4-6, Appendix A; Filing No. 191, Reply at 2. The
Government further requests that access to the court’s orders be restricted in accordance
with the Protective Order. See Filing No. 116. Accordingly,
IT IS HEREBY ORDERED:
1. Defendants’ motion to alter or amend (Filing No. 182) is granted.
2. The Memorandum and Order (Filing No. 180) and the Permanent Injunction
(Filing No. 181) are hereby vacated and withdrawn.
3. An Amended Memorandum and Order and Amended Permanent Injunction will
issue this date.
4. The Clerk of Court is directed to file those orders with restricted access pursuant
to the protective order (Filing No. 116).
DATED this 14th day of March, 2012.
BY THE COURT:

s/ Joseph F. Bataillon
United States District Court Judge

2