Union Pacific Railroad Company v. United States of America

Filing 83

ORDER - The Government's motion for summary judgment (Filing No. 50 ) is denied. Union Pacific Railroad Company's motion for summary judgment (Filing No. 51 ) is granted. Within 10 days of the date of this order the parties shall confer and contact the chambers of the undersigned to schedule a telephonic conference regarding the refund-calculation issue and the progression and resolution of this action. Ordered by Senior Judge Joseph F. Bataillon. (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

UNION PACIFIC RAILROAD COMPANY,
in its own capacity and in its capacity as
successor to Union Pacific Railroad
Company;
Plaintiff,

8:14CV237
ORDER

vs.
UNITED STATES OF AMERICA,
Defendant.

This matter is before the Court on the mandate of the United States Court of
Appeals for the Eighth Circuit (“Eighth Circuit”). Filing No. 79. The Eighth Circuit of
Appeals reversed this Court’s denial of Union Pacific Railroad Company’s (“the
Railroad”) motion for partial summary judgment and corresponding grant of summary
judgment to the United States. Filing No. 76. A petition for rehearing was later denied
and the mandate was issued. Filing No. 79. A petition for a writ of certiorari was filed
and has been denied. Filing Nos. 80 and 81.
The parties advised the court in a Rule 26(f) Report (Doc. No. 12 at 13-14) of the
parties’ intention to first move for a determination on the merits and later address the
calculation of any refund.
the parties requested

See Filing No. 12, Rule 26(f) report at 12-14. At that time,

that, if the Court were to grant summary judgment to the

Railroad, the parties would have 60 days in which to “(a) conduct additional discovery
limited to the refund-calculation issue and (b) attempt to stipulate to the amount of the
overpayment to be refunded to [the Railroad] under a final judgment.” Id. at 14. It thus

appears that additional proceedings may be required before the Court can enter final
judgment. Accordingly, pursuant to the mandate of the Eighth Circuit,
IT IS ORDERED:
1.

The Government's motion for summary judgment (Filing No. 50) is denied.

2.

Union Pacific Railroad Company's motion for summary judgment (Filing

No. 51) is granted.
3.

Within 10 days of the date of this order the parties shall confer and contact

the chambers of the undersigned to schedule a telephonic conference regarding the
refund-calculation issue and the progression and resolution of this action.
Dated this 28th day of November, 2018.

BY THE COURT:
s/ Joseph F. Bataillon
Senior United States District Judge

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