Redevelopment Agency of the City of Stockton v. Burlington Northern, et al
Filing
26
ORDER signed by Judge John A. Mendez on 6/13/2011 ORDERING 25 All further proceedings in this action are STAYED until 9/2/2011, or final disposition of the Railroads' appeal and the Agency's cross-appeal in the 2005 Action, whichever occu rs first; within 30 days of 9/2/2011, or receiving notice that the Court of Appeals has fully and finally disposed of the appeal and cross-appeal in the 2005 Action, the parties shall file with the Court a joint statement setting forth the parties' positions regarding the impact of the Court of Appeals' decision on further proceedings in this Action or the need for further stay. CASE STAYED (Reader, L)
<![CDATA[
1
2
3
4
5
6
7
8
9
10
BROWN & WINTERS
WILLIAM D. BROWN, ESQ., (SBN 125468)
wbrown@brownandwinters.com
SCOTT E. PATTERSON, ESQ., (SBN 174979)
spatterson@brownandwinters.com
CHRISTINE J. GRACCO, ESQ. (SBN 213980)
cgracco@brownandwinters.com
120 Birmingham Drive, Suite 110
Cardiff-by-the-Sea, CA 92007
Telephone: (760) 633-4485
Facsimile: (760) 633-4427
Attorneys for Plaintiff and Counterclaim
Defendant, THE REDEVELOPMENT
AGENCY OF THE CITY OF STOCKTON
11
UNITED STATES DISTRICT COURT
12
EASTERN DISTRICT OF CALIFORNIA
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)
)
)
)
)
)
Plaintiff,
)
)
vs.
)
)
BURLINGTON NORTHERN AND SANTA )
)
FE RAILWAY CORPORATION, UNION
)
PACIFIC RAILROAD COMPANY, and
)
DOES 1 through 100, inclusive,
)
)
Defendants.
)
_____________________________________ )
)
UNION PACIFIC RAILROAD COMPANY, )
)
Counterclaimant,
)
)
vs.
)
)
THE REDEVELOPMENT AGENCY OF
)
THE CITY OF STOCKTON,
)
THE REDEVELOPMENT AGENCY OF
THE CITY OF STOCKTON, a Public Body,
Corporate and Politic,
No. 2:10-CV-00634-JAM-JFM
JOINT STATUS STATEMENT,
REQUEST FOR FURTHER STAY AND
ORDER STAYING PROCEEDINGS
Judge:
Hon. John A. Mendez
Courtroom: 6
Counterclaim Defendant.
1
JOINT STATUS STATEMENT, REQUEST FOR FURTHER STAY AND [PROPOSED] ORDER STAYING PROCEEDINGS
PDF created with pdfFactory trial version www.pdffactory.com
2:10-CV-00634-JAM-JFM
1
Plaintiff Redevelopment Agency of the City of Stockton (“Agency”) and defendants
2
Union Pacific Railroad Company and BNSF Railroad Company (collectively “Railroads”)
3
file this joint statement pursuant to the Court’s Order of August 9, 2010.
4
This matter is related to a separate action in the United States District Court, Eastern
5
District of California, The Redevelopment Agency of the City of Stockton v. Burlington
6
Northern and Santa Fe Railway Corporation, et al., 2:05-CV-02087-JAM-JFM. Oral
7
argument on the defendants’ appeal and the plaintiff’s cross-appeal was heard by the Court
8
of Appeals for the Ninth Circuit (Case Nos. 09-16585, 09-16739 and 09-17640) on February
9
14, 2011.
10
This Court’s August 9, 2010 Order stayed this action until June 30, 2011 or final
11
disposition of the appeals process, whichever occurs first. Briefing and oral argument on the
12
appeal and cross-appeal have been completed and the parties now await the Ninth Circuit’s
13
opinion. The parties hereby request an additional stay of at least sixty (60) days from June
14
30, 2011.
15
Dated: June 10, 2011
16
BROWN & WINTERS
By:
17
18
19
20
___/s/ Christine J. Gracco_________
WILLIAM D. BROWN
SCOTT E. PATTERSON
CHRISTINE J. GRACCO
Attorneys for Plaintiff and
Counterclaim Defendant, THE
REDEVELOPMENT AGENCY OF THE
CITY OF STOCKTON
21
22
Dated: June 10, 2011
BARG COFFIN LEWIS & TRAPP LLP
23
24
25
26
27
28
By:
___/s/ R. Morgan Gilhuly__________
JOHN F. BARG
R. MORGAN GILHULY
DONALD E. SOBELMAN
Attorneys for Defendants and Counterclaimants
BNSF RAILWAY COMPANY, sued herein as
BURLINGTON NORTHERN AND SANTA
FE RAILWAY CORPORATION, and
UNION PACIFIC RAILROAD COMPANY
2
JOINT STATUS STATEMENT, REQUEST FOR FURTHER STAY AND [PROPOSED] ORDER STAYING PROCEEDINGS
PDF created with pdfFactory trial version www.pdffactory.com
2:10-CV-00634-JAM-JFM
1
ORDER
2
The Court, having fully considered the Joint Status Statement, hereby orders that:
3
1.
All further proceedings in this action are stayed until September 2, 2011, or
4
final disposition of the Railroads’ appeal and the Agency’s cross-appeal in the 2005 Action,
5
whichever occurs first.
6
2.
Within thirty (30) days of September 2, 2011, or receiving notice that the
7
Court of Appeals has fully and finally disposed of the appeal and cross-appeal in the 2005
8
Action, the parties shall file with the Court a joint statement setting forth the parties’
9
positions regarding the impact of the Court of Appeals’ decision on further proceedings in
10
this Action or the need for further stay.
11
12
IT IS SO ORDERED.
13
14
15
16
Dated: 6/13/2011
/s/ John A. Mendez________
HON. JOHN A. MENDEZ
United States District Judge
17
18
19
20
21
22
23
24
25
26
27
28
3
JOINT STATUS STATEMENT, REQUEST FOR FURTHER STAY AND [PROPOSED] ORDER STAYING PROCEEDINGS
PDF created with pdfFactory trial version www.pdffactory.com
2:10-CV-00634-JAM-JFM
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
