Kenny v. BNSF Railway Company et al

Filing 60

ORDER GRANTING 34 Plaintiffs' Motion to Compel; DENYING 40 Defendant BNSF's Motion for Protective Order by Judge J Richard Creatura.(SC)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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LORRAINE KENNY as personal
representative of THE ESTATE OF
THOMAS J. KENNY, et al., and CARL J.
LOEHR, as personal representative of THE
ESTATE OF CHRISTOPHER JAMES
LOEHR, et al.,

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Plaintiffs,
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CASE NO. 2:11-cv-00624-RBL
ORDER GRANTING PLAINTIFFS’
MOTION TO COMPEL AND
DENYING DEFENDANT BNSF’S
MOTION FOR PROTECTIVE
ORDER

v.
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BNSF RAILWAY COMPANY, et al.,
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Defendants.
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Consolidated with:

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LOEHR, v. BNSF, et al.,
2:11-cv-00279 RBL

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THIS MATTER has come before the Court on Plaintiffs’ Motion to Compel the
production of two videos of the pre- and post-accident movements from locomotives #3763 and
ORDER GRANTING PLAINTIFFS’ MOTION TO
COMPEL AND DENYING DEFENDANT BNSF’S
MOTION FOR PROTECTIVE ORDER - 1

1 #7634 (ECF No. 34). Defendant BNSF has a filed Motion for Protective Order (ECF No. 40)
2 because these videos, according to Defendant BNSF, can only be viewed using proprietary
3 software (GE’s Lococam Viewer). These motions, and all other discovery matters, have been
4 referred to the undersigned for resolution (ECF No. 52).
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Having reviewed the supporting and opposition pleadings, and having conferred with

6 counsel on October 25, 2011, the Court hereby ORDERS as follows:
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1.

Plaintiffs’ Motion to Compel is GRANTED. Defendant BNSF shall make both

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videos available to Plaintiffs on a computer with GE’s Lococam Viewer software.

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Plaintiff is authorized to copy the videos using any available technology.

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2.

Plaintiff shall bear the cost of reproducing these videos.

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3.

Defendant BNSF’s Motion for Protective Order is DENIED. Defendant has not

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shown “good cause” under Fed. R. Civ. P. 26(c) for a protective order.
Dated this 26th day of October, 2011.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER GRANTING PLAINTIFFS’ MOTION TO
COMPEL AND DENYING DEFENDANT BNSF’S
MOTION FOR PROTECTIVE ORDER - 2