Burckhard et al v. BNSF Railway Company et al

Filing 65

ORDER by Magistrate Judge Charles S. Miller, Jr. granting 59 Motion to Limit Examination. (KT)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
NORTHWESTERN DIVISION
Corrie Burckhard, as Personal
Representative for the Estate of Todd
Burckhard, Decedent, and Maria Mack,
as Personal Representative for the Estate of
Blaine H. Mack, Decedent,

)
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ORDER GRANTING MOTION TO
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LIMIT EXAMINATION AND
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ARGUMENT TO ONE ATTORNEY
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Plaintiffs,
)
)
vs.
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BNSF Railway Company, a Delaware
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corporation, and CUSA ES, LLC d/b/a/
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Coach America Crew Transport,
)
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Case No. 4:13-cv-038
Defendants.
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)
_____________________________________________________________________________
Before the court is “Defendants’ Motion Under Rule 26, N.D.R.Civ.P. and Rule 47.1 (D),
D.ND. Civ. L.R., to Limit Examination and Argument to One Attorney from the Plaintiffs’ Law
Firm” filed March 28, 2014. Defendants request an order limiting plaintiffs’ law firm to one
attorney for examination of deposition witnesses, one attorney for examination of trial witnesses,
and one attorney for arguing questions to the court and jury at trial. Plaintiffs have not filed a
response.
Pursuant to D.N.D. Civ. L.R. 7.1(F), plaintiffs’ failure to file a response is deemed an
admission that the motion is well taken, and defendants’ motion to limit examination (Docket No.
60) is GRANTED.
IT IS SO ORDERED.
Dated this 15th day of July, 2014.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr.
United States Magistrate Judge