Zephyr Rail Services, L.L.C. v. Messina et al

Filing 61

ORDER - that upon review of the parties' joint stipulation, (8:16CV428, Filing No. 59 ; 8:17CV84, Filing No. 34 ), which is hereby granted. In 8:16CV428-JMG-CRZ, Zephyr Rail Services, L.L.C. v. Messina et al.: The clerk's entry of default, (Filing No. 51 ), is stricken. Plaintiff's Motion for Default Judgment, (Filing No. 49 ), is denied as moot. Defendant Messina's Motion to Set Aside Default Judgment Fed. R. Civ. P. 55(c), (Filing No. 52 ), is denied as moot. Pl aintiff's Motion for Attorney Fees and Reimbursement of Service Expenses incurred in effectuating service on Defendant Peter Messina, Jr., (Filing No. 48 ), is denied without prejudice to re-filing this motion after transfer to the New Jersey f ederal court. Defendant Charles C. Jensen is dismissed without prejudice for lack of personal jurisdiction, judgment to be entered accordingly. The clerk shall transfer 8:16CV428-JMG-CRZ, Zephyr Rail Services, L.L.C. v. Messina to the United S tates District Court for the District of New Jersey. 8:17CV84-JMG-CRZ Zephyr Rail Services, L.L.C. et al v. National Passenger Car Repair, L.L.C. et al, is dismissed without prejudice for lack of personal jurisdiction, and judgment will be entered accordingly. Member Cases: 8:16-cv-00428-JMG-CRZ, 8:17-cv-00084-JMG-CRZ Ordered by Judge John M. Gerrard. (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ZEPHYR RAIL SERVICES, L.L.C.,
Plaintiff,
vs.

8:16CV428
ORDER

CHARLES C. JENSEN, and PETER
MESSINA, JR.
Defendants.

ZEPHYR RAIL SERVICES, L.L.C.,
and OWEN RAILWAY SUPPLY
COMPANY, L.L.C.,

8:17CV84

Plaintiffs,
vs.
NATIONAL PASSENGER CAR
REPAIR, L.L.C., MORRISTOWN &
ERIE RAILWAY, INC., and
CHARLES C. JENSEN,
Defendants.
The above-captioned cases were consolidated for all stages other than
appeal. See 8:16CV428, Filing No. 43; 8:17CV84, Filing No. 17. On July 6,
2017, the court ruled that a Nebraska forum lacks personal jurisdiction over
Defendants National Passenger Car Repair, L.L.C. (NPCR), Morristown &
Erie Railway, Inc. (M&E), and Charles C. Jensen. See 8:16CV428, Filing No.
55; 8:17CV84, Filing No. 32.

The court did not immediately enter a judgment as to the dismissed
parties. Instead, the magistrate judge conferred with counsel regarding how
they wish to proceed on the above-captioned lawsuits.

Following that

discussion, the parties filed a joint stipulation to withdraw pending motions,
and to transfer 8:16CV428-JMG-CRZ, Zephyr Rail Services, L.L.C. v. Messina
to the United States District Court for the District of New Jersey. And the
court conferred with counsel today to clarify their intent with respect to the
joint stipulation, Defendant Charles C. Jensen, and any transfer of 8:17CV84.
See audio, 8:16CV428, Filing No. 60; 8:17CV84, Filing No. 35.
Accordingly,
IT IS ORDERED that upon review of the parties’ joint stipulation,
(8:16CV428, Filing No. 59; 8:17CV84, Filing No. 34), which is hereby granted:
1)

In 8:16CV428-JMG-CRZ, Zephyr Rail Services, L.L.C. v. Messina
et al.
a.

The clerk’s entry of default, (Filing No. 51), is stricken;

b.

Plaintiff’s Motion for Default Judgment, (Filing No. 49), is
denied as moot;

c.

Defendant

Messina’s

Motion

to

Set

Aside

Default

Judgment Fed. R. Civ. P. 55(c), (Filing No. 52), is denied as
moot;
d.

Plaintiff’s Motion for Attorney Fees and Reimbursement of
Service Expenses incurred in effectuating service on
Defendant Peter Messina, Jr., (Filing No. 48), is denied
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without prejudice to re-filing this motion after transfer to
the New Jersey federal court; and
e.

Defendant

Charles

C.

Jensen

is

dismissed

without

prejudice for lack of personal jurisdiction, judgment to be
entered accordingly.
f.

The clerk shall transfer 8:16CV428-JMG-CRZ, Zephyr Rail
Services, L.L.C. v. Messina to the United States District
Court for the District of New Jersey.

2)

8:17CV84-JMG-CRZ Zephyr Rail Services, L.L.C. et al v. National
Passenger Car Repair, L.L.C. et al, is dismissed without prejudice
for lack of personal jurisdiction, and judgment will be entered
accordingly.

Dated this 17th day of July, 2017.
BY THE COURT:
s/ John M. Gerrard
United States District Judge

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