City ParkwayV, Inc. et al v. Union Pacific Railroad Company

Filing 200

ORDER Denying Defendant/Counter Claimant Union Pacific Railroad Company's 178 Motion for Partial Summary Judgment. Signed by Judge Philip M. Pro on 8/22/2014. (Copies have been distributed pursuant to the NEF - SLD)

1
2
3
4
5

UNITED STATES DISTRICT COURT
6

DISTRICT OF NEVADA
7
8

CITY PARKWAY V, INC., et al.,
9

Plaintiffs/Counterdefendants,
10

v.
11
12
13

UNION PACIFIC RAILROAD
COMPANY,
Defendant/Counterclaimant.

***
)
)
)
)
)
)
)
)
)
)
)
)

2:09-CV-01299-PMP-GWF

ORDER

14
15

Before the Court is Defendant/Counterclaimant Union Pacific Railroad

16

Company’s (“UPRR”) Motion for Partial Summary Judgment (Doc. #178), filed on July 30,

17

2014. Plaintiffs/Counterdefendants City Parkway V, Inc., City Parkway IV A, Inc., and

18

Office District Parking I, Inc. filed a Response (Doc. #190) on August 13, 2014. As

19

discussed at the status conference on July 24, 2014, the Court granted UPRR leave to file

20

the Motion with the understanding that the Court would not necessarily rule on the merits of

21

the Motion. (Tr. (Doc. #177) at 6-7.)

22

The Court will deny the Motion as untimely. UPRR could and should have filed

23

this Motion before the June 21, 2010, dispositive motion deadline. (Disc. Plan & Sched.

24

Order (Doc. #27).) While some of the issues in the Motion will likely be raised at trial, the

25

Court will not adjudicate a summary judgment motion filed over four years after the

26

dispositive motion deadline and on the eve of trial.

1

IT IS THEREFORE ORDERED that Defendant/Counterclaimant Union Pacific

2

Railroad Company’s (“UPRR”) Motion for Partial Summary Judgment (Doc. #178) is

3

hereby DENIED.

4
5
6
7

DATED: August 22, 2014
_______________________________
PHILIP M. PRO
United States District Judge

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2