Union Pacific Railroad Company v. Beemac Trucking, LLC et al

Filing 129

ORDER regarding 96 Motion to Compel and 99 Motion to Compel. The Court believes that an in camera inspection of the documents at issue is warranted. By or before November 19, 2012, Plaintiff shall produce to the Court, for in camera review, the following numbered items identified on Plaintiff's privilege log: 6, 7, 8, 15, 19, 20, 22, 23, 27, 28, 32, 35, 36, 39, 40, 43, 46, 49, 56, 58, 60, 62, 64, 65, 66, 71, 72, 74, 78, 79, 81, 82, 84, 85 and 93. By said date, Plaintiff shall also provide the Court with unmarked copies of the documents from Barefield's investigative file which were redacted prior to production to Defendants. Ordered by Magistrate Judge F.A. Gossett. (ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNION PACIFIC RAILROAD
COMPANY,
Plaintiff,
V.
BEEMAC TRUCKING, LLC,
LANDSTAR RANGER, INC., and
EDWARD SAMUEL EDLING,
Defendants.

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8:11CV8

ORDER

This action arises out of a collision which occurred between Plaintiff Union Pacific
Railroad Company’s (“Plaintiff”) locomotive and a grapple truck that had been left on the
railroad tracks.
Defendants

Beemac Trucking, LLC (“Beemac”) and Landstar Ranger, Inc.

(“Landstar”) (collectively referred to herein as “Defendants”) have each filed motions
requesting that the Court compel Plaintiff to produce documents that Plaintiff claims are
shielded from discovery by the attorney-client privilege and/or work product doctrine.
(Filings 96 & 99.) Specifically, Beemac requests that this Court order Plaintiff to produce
the complete, unredacted investigative file of Special Agent Billy Barefield (“Barefield”).
Landstar requests that the Court order Plaintiff to produce the following numbered items
identified on Plaintiff’s privilege log: 6, 7, 8, 15, 19, 20, 22, 23, 27, 28, 32, 35, 36, 39, 40,
43, 46, 49, 56, 58, 60, 62, 64, 65, 66, 71, 72, 74, 78, 79, 81, 82, 84, 85 and 93. These
documents generally include (1) correspondence relating to Barefield; (2) documents and
correspondence involving third-parties, ARI Fleet Management Services and HUB
Enterprises, Inc.; and (3) documents relating to William Messerschmidt, one of Plaintiff’s
expert witnesses.
The Court has reviewed the briefs and materials submitted by the parties in connection
with the motions to compel. Having done so, the Court believes that an in camera inspection

of the documents at issue is warranted.
Accordingly,
IT IS ORDERED that by or before November 19, 2012, Plaintiff shall produce to the
Court, for in camera review, the following numbered items identified on Plaintiff’s privilege
log: 6, 7, 8, 15, 19, 20, 22, 23, 27, 28, 32, 35, 36, 39, 40, 43, 46, 49, 56, 58, 60, 62, 64, 65,
66, 71, 72, 74, 78, 79, 81, 82, 84, 85 and 93. By said date, Plaintiff shall also provide the
Court with unmarked copies of the documents from Barefield’s investigative file which were
redacted prior to production to Defendants.
DATED November 14, 2012.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge

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