General Discussions

Here is the last report regarding the status of the private talks, UP v. Metra: PARTIES’ JOINT STATUS REPORT Pursuant to Magistrate Judge Fuentes’s May 19, 2020 Order (Dkt. 43), Plaintiff Union Pacific and Defendant Metra, respectfully submit this Joint Status Report. A. Discovery Progress The Parties exchanged MIDP responses on June 18, 2020 (Dkts. 49, 50). The Parties have not served any additional written discovery or noticed or taken any depositions. The Parties agree that fact discovery should close on August 21, 2020 and that no expert discovery is required. B. Briefing Status Briefing of Metra’s Motion to Dismiss or Stay was complete on July 23, 2020. There is no dispositive motion schedule in place. Union Pacific proposes that the Court set a dispositive motion schedule for after the close of fact discovery. Metra proposes the deferral of setting a dispositive motion schedule pending the ruling on Metra’s motion to dismiss or stay. C. Settlement Efforts The Parties continue to negotiate privately to try to reach an agreement regarding the future operation of commuter service on the subject rail lines with the goal of avoiding any disruption to commuter service. The Parties do not request a settlement conference at this time. Date: August 14, 2020 Respectfully submitted