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

Filing 317

ORDER denying 277 Motion to Compel; and granting 303 Motion for Magistrate Judge to Reconsider Magistrate Judge Order. Signed by Magistrate Judge Valerie P. Cooke on 1/28/14. (Copies have been distributed pursuant to the NEF - DN)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
NATIONAL RAILROAD
PASSENGER CORPORATION,

)
)
)
Plaintiff,
)
)
vs.
)
)
JOHN DAVIS TRUCKING
)
COMPANY, INC.,
)
)
Defendant.
)
______________________________)
)
AND RELATED CLAIMS
)
______________________________)
PRESENT:

3:11-CV-0461-HDM (VPC)

MINUTE ORDER
January 28, 2014

THE HONORABLE VALERIE P. COOKE, U.S. MAGISTRATE JUDGE

DEPUTY CLERK:

LISA MANN

REPORTER:

NONE APPEARING

COUNSEL FOR PLAINTIFF(S):

NONE APPEARING

COUNSEL FOR DEFENDANT(S):

NONE APPEARING

MINUTE ORDER IN CHAMBERS:
At the January 15, 2014, case management conference, the court took under submission
two motions concerning John Davis Trucking Company, Inc.’s (“JDT”) privilege/objection log.
In light of depositions scheduled to begin January 29, 2014, the court issues this minute order.
The court has considered the motion of JDT to reconsider (#303), and it has reviewed the
opposition (#305) and reply (#313). JDT’s motion (#303) is GRANTED. JDT shall not be
required to produce incident report bates-numbered CD00662-72.
The court has also reviewed plaintiff National Railroad Passenger Corporation
(“Amtrack”) and counter-defendant Union Pacific Railroad Company’s (“UPRR”) motion to
compel document production (#277) together with documents #s 278, 279, 280, 285, 295 & 314.
The court has reviewed in detail JDT’s amended privilege/objection log (#280-1, Ex. A) and
concludes that none of the documents requested is likely to lead to the discovery admissible

evidence. Therefore, the documents at issue shall not be produced with the exception of the
documents the parties previously agreed JDT would produce. The motion to compel (#277) is
DENIED.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK
By:

/s/
Deputy Clerk