Opinion
Civil No. 03-63-P-S
November 18, 2003
CHARLES H. WHITE, ANNAPOLIS, MD, FOR CHAPTER 11 TRUSTEE, of the Chapter 11 estates of Bangor and Aroostook Railroad Co Van Buren Bridge Co.
KEVIN M.SHEYS, KIRKPATRICK LOCKHART LLP, WASHINGTON, DC, for CHAPTER 11 TRUSTEE, of the Chapter 11 estates of Bangor and Aroostook Railroad Co Van Buren Bridge Co.
ROGER CLEMENT, VERRILL DANA, PORTLAND, ME, for CHAPTER 11 TRUSTEE, of the Chapter 11 estates of Bangor and Aroostook Railroad Co Van Buren Bridge Co.
ANDREW R. SARAPAS and DAVID C. JOHNSON, VERRILL DANA, PORTLAND, ME, for CHAPTER 11 TRUSTEE, of the Chapter 11 estates of Bangor and Aroostook Railroad Co Van Buren Bridge Co.
EDWARD J. FISCHMAN, KIRKPATRICK LOCKHART LLP, WASHINGTON, DC, for CHAPTER 11 TRUSTEE, of the Chapter 11 estates of Bangor and Aroostook Railroad Co Van Buren Bridge Co.
FRANCES GECKER, FREEBORN PETERS, CHICAGO, IL, for CANADIAN NATIONAL RAILWAY COMPANY and WATERLOO RAILWAY COMPANY.
GEORGE J. MARCUS, MARCUS, CLEGG MISTRETTA, PORTLAND, ME, for CANADIAN NATIONAL RAILWAY COMPANY and WATERLOO RAILWAY COMPANY.
THOMAS J. LITWILER, FLETCHER SIPPEL, LLC, CHICAGO, IL, for CANADIAN NATIONAL RAILWAY COMPANY and WATERLOO RAILWAY COMPANY.
REGAN M. HORNNEY, MARCUS, CLEGG MISTRETTA, PORTLAND, ME, for CANADIAN NATIONAL RAILWAY COMPANY and WATERLOO RAILWAY COMPANY.
RICHARD P. OLSON, PERKINS, OLSON PRATT, PORTLAND, ME, for FRASER PAPERS INC.
ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
The United States Magistrate Judge filed with the Court on October 9, 2003 his Recommended Decision. Plaintiff filed its objections to the Recommended Decision on October 27, 2003 and Defendant filed its response to those objections on November 13, 2003. I have reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Magistrate's Judge's Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in his Recommended Decision, and determine that no further proceeding is necessary.
It is therefore ORDERED that the Court GRANTS the Motion to Dismiss as to Count III of the Complaint and DEFERS adjudication of the motion as it pertains to the remaining counts of the Complaint pending final disposition of the Surface Transportation Board of the Trustee's adverse — abandonment petition. This Order MOOTS Plaintiff's Motion for an Order Pursuant to 11 U.S.C. § 1170 Directing the Surface Transportation Board to Issue Report within 60 Days of Filing of Abandonment Application (Docket #7) and Motion of Eraser Papers, Inc. To Quash Subpoena Duces Tecum of Trustee of Bangor and Aroostook Railroad Company (Docket #15). Counsel is ORDERED to keep the Court advised of any action by the Surface Transportation Board.