National Railroad Passenger Corporation v. John Davis Trucking Company, Inc.

Filing 116

ORDER. The court concludes that the motion to strike Union Pacific's answerand counterclaim 99 and motion to dismiss National Railroad Passenger Corporation's complaint 97 are premature. They are for that reason denied without prejudice, to renew after the close of discovery and no later than the dispositive motions deadline. IT IS SO ORDERED. Signed by Judge Howard D. McKibben on 8/1/2012. (Copies have been distributed pursuant to the NEF - MLC)

1
2
3

UNITED STATES DISTRICT COURT

4

DISTRICT OF NEVADA

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

NATIONAL RAILROAD PASSENGER
CORPORATION,

)
)
)
Plaintiff,
)
)
vs.
)
)
JOHN DAVIS TRUCKING COMPANY,
)
INC.,
)
)
Defendant.
)
_________________________________ )
)
JOHN DAVIS TRUCKING COMPANY,
)
INC.,
)
)
Counterclaimant,
)
)
vs.
)
)
NATIONAL RAILROAD PASSENGER
)
CORPORATION, UNION PACIFIC
)
RAILROAD COMPANY, and DOES 1-5, )
)
Counterdefendants.
)
_________________________________ )
)
UNION PACIFIC RAILROAD COMPANY, )
)
Counterclaimant,
)
)
vs.
)
)
JOHN DAVIS TRUCKING COMPANY,
)
INC.,
)
)
Counterdefendant.
)
_________________________________ )

3:11-cv-00461-HDM-VPC
ORDER

25
Before the court is John Davis Trucking Company’s motion to
26
strike Union Pacific’s answer and counterclaim (#99) and motion to
27
dismiss National Railroad Passenger Corporation’s complaint (#97)
28
1

1

on the ground of spoliation of evidence.

2

completed in this case until February 28, 2013.

3

Issues that have been raised in the motions and the responses

4

thereto clearly relate to ongoing discovery.

5

court concludes that the motion to strike Union Pacific’s answer

6

and counterclaim (#99) and motion to dismiss National Railroad

7

Passenger Corporation’s complaint (#97) are premature.

8

for that reason denied without prejudice, to renew after the close

9

of discovery and no later than the dispositive motions deadline.

10

(See Doc. #94).

Accordingly, the

IT IS SO ORDERED.

11

Discovery will not be

DATED: This 1st day of August, 2012.

12
13

____________________________
UNITED STATES DISTRICT JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

They are