Howell v. Union Pacific Railroad Co. et al

Filing 159

ORDER granting ECF No. 158 Motion/Notice of Settlement and Request to Continue Stay. Signed by Judge Larry R. Hicks on 3/5/2018. (Copies have been distributed pursuant to the NEF - KW)

Case 3:15-cv-00317-LRH-VPC Document 158 Filed 03/01/18 Page 1 of 3

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Joseph Rebein, (Admitted Pro Hac Vice)
SHOOK, HARDY & BACON L.L.P.
2555 Grand Boulevard
Kansas City, Missouri 64108
Telephone: [phone]
Facsimile: 816-421-5547
[e-mail]
Tammy B. Webb, (Admitted Pro Hac Vice)
John K. Sherk, III, (Admitted Pro Hac Vice)
SHOOK, HARDY & BACON L.L.P.
One Montgomery, Suite 2700
San Francisco, California 94104
Telephone: [phone]
Facsimile: 415-391-0281
[e-mail]
[e-mail]
Attorneys for Defendant
Union Pacific Railroad Company

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CHERYL A. TINDER-HOWELL, on
behalf of herself and all others similarly
situated,
Plaintiff,

CLASS ACTION

v.
UNION PACIFIC RAILROAD COMPANY,
successor TO SOUTHERN PACIFIC
TRANSPORTATION COMPANY, SFPP, L.P.
(formerly known as SANTA FE PACIFIC
PIPELINES, INC. formerly known as
SOUTHERN PACIFIC PIPELINES INC.),
KINDER MORGAN OPERATING L.P. “D”,
and KINDER MORGAN G.P., INC.,

NOTICE OF SETTLEMENT AND
REQUEST TO CONTINUE STAY

Case No. 3:15-cv-00317-LRH-(VPC)
(consolidated with 3:15-cv-00478)

AND ORDER THEREON

Defendants.

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Pursuant to the Court’s orders issued on November 29, 2016 and December 1,
2016, Doc. # 155 and 157, this case has been stayed pending Defendant Union Pacific
Railroad Company’s interlocutory appeal to the United States Court of Appeals for the
REQUEST TO CONTINUE STAY
Case No. 3:15-cv-00317-LRH-VPC

Case 3:15-cv-00317-LRH-VPC Document 158 Filed 03/01/18 Page 2 of 3

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Ninth Circuit. On February 6, 2018, the court of Appeals entered its opinion in In re Right-

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of-Way Claims, Case No. 16-56562 (9th Cir. Feb. 6, 2018). (Ex. A). The mandate from the

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Ninth Circuit was issued on February 27, 2018.

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All Plaintiffs in these consolidated cases, and Defendants Union Pacific Railroad

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Company, SFPP, L.P., Kinder Morgan Operating L.P. “D,” and Kinder Morgan G.P., Inc.,

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(the “Parties”) hereby inform the Court that the Parties have reached an agreement to resolve

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this litigation, and counsel for the Parties have executed a settlement term sheet.

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The Parties respectfully request that the Court enter an order continuing all case

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deadlines for a period of 60 days to allow for finalization and performance of the settlement,

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and anticipated dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii).

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Dated: March 1, 2018

Respectfully submitted,

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/s/ John K. Sherk
Joseph Rebein, (Admitted Pro Hac Vice)
SHOOK, HARDY & BACON L.L.P.
2555 Grand Boulevard
Kansas City, Missouri 64108
Telephone: [phone]
Facsimile: 816-421-5547
[e-mail]

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Tammy B. Webb, (Admitted Pro Hac Vice)
John K. Sherk, III, (Admitted Pro Hac Vice)
SHOOK, HARDY & BACON L.L.P.
One Montgomery, Suite 2700
San Francisco, California 94104
Telephone: [phone]
Facsimile: 415-391-0281
[e-mail]
[e-mail]

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ORDER

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IT IS SO ORDERED:

IT IS SO ORDERED.
DATED this 5th day of March, 2018.

UNITED STATES DISTRICT JUDGE,
________________________________
LARRY R. HICKS
DATED: _________________
UNITED STATES DISTRICT JUDGE

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REQUEST TO CONTINUE STAY
Case No. 3:15-cv-00317-LRH-VPC