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Bnsf Railway Company v. San Joaquin Valley Railroad Company

January 4, 2011

BNSF RAILWAY COMPANY,
PLAINTIFF,
v.
SAN JOAQUIN VALLEY RAILROAD COMPANY, ET AL.,
DEFENDANTS.



ORDER DIRECTING THE CLERK OF COURT TO REIMBURSE FILINGS FEES TO DEFENDANTS THAT WERE ERRONEOUSLY INCURRED ORDER DIRECTING THE CLERK OF COURT TO TERM THE PENDING APPEAL

(Documents #198 & 199)

On December 30, 2010, Defendant and Counterclaimant San Joaquin Valley Railroad Company and Defendant Tulare Valley Railroad Company ("Defendants") filed a request for reimbursement to Defendants of filing fees. Defendants' request is based on a December 28, 2010 notice of appeal erroneously filed by Defendants. Defendants have provided evidence that they intended the December 28, 2010 documents to be a motion for reconsideration of the Magistrate Judge's December 14, 2010 order and not an appeal to the Ninth Circuit Court of Appeals. See Documents #198 & 199. As such, Defendants should not have paid the $455.00 required for an appeal to the Ninth Circuit Court of Appeals.

In the interests of justice, the court ORDERS that:

1. Defendants request for the reimbursement of $455.00 to Defendants (Document #198) is GRANTED;

2. The Clerk of the Court is DIRECTED to reimburse Defendants in the amount of $455.00;

3. As the pending appeal was filed in error, the Clerk of the Court is DIRECTED to term the pending appeal (Document # 194).

IT IS SO ORDERED.

0m8i78 CHIEF UNITED STATES DISTRICT JUDGE

20110104

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