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P.I.: Other | New York Eastern
Response to Motion Response in Opposition to Motion
RESPONSE to Motion re 120 Letter MOTION to Compel Non-Party Decolator, Cohen & DiPrisco, LLP's Compliance with Subpoena to Produce Documents, Information, or Objects , RESPONSE in Opposition re 120 Letter MOTION to Compel Non-Party Decolator, Cohen & DiPrisco, LLP's Compliance with Subpoena to Produce Documents, Information, or Objects filed by Robert P. Lynch. (Livermore, Marion)
Personal Property: Other | New York Southern
Stipulation and Order
STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties herein, that Defendants Buchanan Marine, L.P. and U.S. Waterways Transportation, LLC (hereinafter "Defendants") concede, and Plaintiff National Railroad Passenger Corporation d/b/a Amtrak (hereinafter "Amtrak") does not need to establish liability for the happening of the subject incident that occurred on October 28, 2021 involving the Pelham Bay Bridges fendering system ("the Allision") that forms the basis of this action. Specifically, Defendants concede liability in this action. IT IS HEREBY FURTHER STIPULATED AND AGREED that, in exchange for the Defendants stipulation on liability, Amtrak agrees that it will not seek deposition testimony from the Defendants or their representatives or employees for the purposes of establishing any issue on liability. IT IS HEREBY FURTHER STIPULATED AND AGREED, therefore, that the only issues in discovery and at trial will be whether there is a causal relationship between the Allision and the damages Amtrak alleges it suffered and the amount, if any, of damages to be awarded to Amtrak. IT IS HEREBY FURTHER STIPULATED AND AGREED that this stipulation is entered into for the limited purposes of this action only and cannot be used by anyone, including the parties hereto, for any purpose in any other action regardless of where such action is pending, where such an action may be filed, or any future action not yet filed. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 7/6/2026) (jca)
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