|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|CARGILL, INCORPORATED V. BNSF RAILWAY COMPANY|
|Director Of Proceedings|
|DECISION GRANTED CARGILL’S REQUEST TO WITHDRAW ITS MOTION TO COMPEL DISCOVERY WITHOUT|
| 7 KB|
|Approximate download time at 28.8 kb: 31 Seconds|
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|Full Text of Decision|
41685 SERVICE DATE – JUNE 24, 2011
SURFACE TRANSPORTATION BOARD
Docket No. NOR 42120
CARGILL, INCORPORATED v. BNSF RAILWAY COMPANY
Decided: June 23, 2011
In connection with a complaint filed under 49 U.S.C. § 11701(b), Cargill, Incorporated (Cargill), on March 31, 2011, filed a motion to compel discovery from defendant, BNSF Railway Company (BNSF). On April 11, 2011, BNSF replied in opposition, and, at the Board’s request, Cargill filed a response on April 15, 2011. Pursuant to 49 C.F.R. § 1114.31(a) (3), Board staff held a conference with Cargill and BNSF on April 26, 2011, to assist them in resolving these discovery matters. Following the conference, the parties engaged in further discussions and resolved the remaining issues in the motion to compel.
On June 6, 2011, Cargill filed with the Board a motion to withdraw its motion to
compel discovery. Because Cargill had not received the requested discovery and cannot yet determine whether the documents are sufficiently responsive, it requests that its motion to withdraw be granted without prejudice. Cargill states that BNSF does not oppose the requested relief. Cargill’s request is reasonable and will be granted.
This action will not significantly affect either the quality of the human environment or the
conservation of energy resources.
It is ordered:
1. Cargill’s motion to withdraw its motion to compel discovery is granted without
2. This decision is effective on the date of service.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.