Union Pacific Railroad Company v. United States of America

Filing 87

ORDER - that the parties shall file a joint status report within 60 days of the date of this order and every sixty days thereafter until this matter is fully resolved. 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;

8:14CV237
ORDER

Plaintiff,
vs.
UNITED STATES OF AMERICA,
Defendant.

This matter is before the Court on correspondence from plaintiff Union Pacific
Railroad Company (“U.P.”) and the stipulation of the parties, Filing No. 86 & 86-1, the
Court is advised that the parties have stipulated to the gross amount of overpayments
and Union Pacific is seeking the consent of affected employees. The parties state that
they will jointly move under Federal Rule of Civil Procedure 54(b) for entry of a partial
final judgment on U.P.’s share of the refunds as soon as practicable after U.P. sends
requests for consents on January 11, 2019. The parties also anticipate that later in 2019,
they will jointly move for entry of another partial final judgment on the employees’ share
of the refunds, covering refunds that U.P. will remit (with interest) to the employees who
give Union Pacific their consent. The parties anticipate that the second partial final
judgment will fully resolve the case.
The Court finds that status reports every 60 days will be sufficient to keep the Court
apprised of Union Pacific’s progress and help expedite the Court’s entry of the first and

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second partial final judgments when filed. Accordingly,
IT IS ORDERED that the parties shall file a joint status report within 60 days of the
date of this order and every sixty days thereafter until this matter is fully resolved.
Dated this 4th day of January, 2019.

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

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