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Civil Procedure Keyed to Rowe
Oxbow Carbon & Minerals LLC v. Union Pacific R.R.
Citation:322 F.R.D. 1 (D.D.C. 2017)
Oxbow (Plaintiffs) sued Union Pacific and BNSF Railway (Defendants), alleging that they violated antitrust laws by conspiracy to fix fuel rates and surcharges. During discovery, the defendants sought the records of the plaintiffs’ founder, CEO, and principal, arguing that the founder had unique information that would show market forces, not conspiracy, caused increasing rail freight costs. The plaintiffs argued that this request was unduly burdensome, expensive, and duplicative of the documents already produced. Alternatively, the plaintiffs asked the court to shift the production costs to the defendants. The defendants filed a motion to compel the records.
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