Union Pacific Railroad Company v. Beemac Trucking, LLC et al
Filing
254
ORDER overruling 252 Union Pacific Railroad Companys Objection. Ordered by Chief Judge Laurie Smith Camp. (JSF)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNION PACIFIC RAILROAD COMPANY,
Plaintiff,
CASE NO. 8:11CV8
vs.
ORDER
BEEMAC TRUCKING, LLC, LANDSTAR
RANGER, INC., EDWARD SAMUEL
EDLING,
Defendants.
This matter is before the Court on Union Pacific Railroad Company’s (“UP”)
Objection (Filing No. 252) to Magistrate Judge F.A. Gossett’s Order. (Filing No. 236.)
On October 29, 2013 Judge Gossett entered an Order (Filing No. 236) granting
Defendants’ Joint Motion for a Bench Trial on crossclaims of Landstar Ranger, Inc. and
Edward Samuel Edling against Beemac Trucking, LLC, and on Beemac Trucking, LLC’s
crossclaim against Landstar Ranger, Inc.. (Filing No. 231.) Plaintiff’s Objection will be
overruled for the reasons stated below.
“A party may object to a magistrate judge’s order in a nondispositive matter.”
NECivR 72.2(a)(emphasis added).
UP is not a party to Defendants’ crossclaims;
therefore, UP does not have standing to object to Judge Gossett’s Order under
Nebraska Civil Rule 72.2(a). Even if UP had standing to object under Nebraska Civil
Rule 72.2(a), UP’s Objection would be overruled. The district court “must consider
timely objections and modify or set aside any part of the [magistrate’s] order that is
clearly erroneous or is contrary to law.” Fed. R. Civ. P. 72(a). Judge Gossett’s Order is
neither “clearly erroneous” nor “contrary to law.”
Accordingly,
IT IS ORDERED:
1.
Union Pacific Railroad Company’s Objection (Filing No. 252) is overruled.
Dated this 5th day of November, 2013.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge
2
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