On May 8, Uptondaily ran Grafton Upton Railroad News – Petitioners Face Set Back. The post reported on recent decisions regarding “DIANA DEL GROSSO, RAY SMITH, JOSEPH HATCH, CHERYL HATCH, KATHLEEN KELLEY, ANDREW WILKLUND, AND RICHARD KOSIBA—PETITION FOR DECLARATORY ORDER” in which the STB denied a request filed by the 7 Petitioners for reconsideration of the Board’s decision to deny discovery in the proceeding. In the same decision the Board also denied the petitioners request to submit documents related to the Grafton Federal Court Case.In response to the May 8 post, Diana Del Grosso stated in an email “This is not a set-back, the Board simply feels we have enough information to prepare our reply, and I agree. Our attorneys were just being thorough, as they should be. Many successful STB cases have not been allowed discovery. We don’t see it as being negative; both sides have already sent hundreds of pages of information to the Board that they have accepted”
Diana also pointed out this is fairly standard procedure; in the STB’s initial Decision regarding the Petitioner’s request for Declaratory Order, which favored the petitioners by instituting a proceeding, states in part “Further, although G&U seeks leave to conduct discovery in the event that a declaratory order proceeding is instituted, the Board does not typically order discovery in declaratory order proceedings, and G&U has not explained, nor is it apparent, why discovery is needed here.”
UPTON DAILY 