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Baillargeon et al v. CSX Transportation (3:19-cv-30135-MGM)

U.S. District Court for the District of Massachusetts

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Baillargeon et al v. CSX Transportation (3:19-cv-30135-MGM)

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  • Judge Mark G. Mastroianni: MEMORANDUM AND ORDER entered as follows: For the reasons stated, the court ALLOWS IN PART Plaintiffs motion for preliminary injunction (Dkt. No. (Document 29) ) as follows:

    (1) Defendant is hereby ORDERED to remove (or cause t o be removed) the six jerseybarriers blocking the subject road no later than 2:00 p.m. on Wednesday, June 3, 2020.

    (2) Defendant is ENJOINED from interfering with Plaintiffs reasonable use of this road forresidential, fuel delivery, and emerge ncy service purposes during the pendency of this actionor until further order of this court.

    (3) Plaintiffs shall not use this road for their own business purposes, including gravelhauling, during the pendency of this action or until further o rder of this court.

    (4) The parties shall immediately confer with the goal of reaching an agreement as toreasonable terms and conditions regarding Plaintiffs use of the road. If the parties cannotresolve any significant disagreements, they sh all report to the court by 5:00 p.m. Monday,June 1, 2020 whether the parties agree to engage in court-sponsored mediation or insteadwish to have the undersigned resolve the matter.

    (5) Plaintiffs (unless the parties reach a contrary agreement) are responsible for maintenanceof this road, taking into consideration any reasonable safety conditions proposed byDefendant.

    It is So Ordered. See the attached memo and order for complete details. (Lindsay, Maurice)

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Baillargeon et al v. CSX Transportation (3:19-cv-30135-MGM)

U.S. District Court for the District of Massachusetts

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