UP-NS merger discovery process kicks off with establishment of guidelines
6/26/2026
By Bridget Dean, Senior Associate Editor
In a decision filed June 18, Surface Transportation Board (STB) Administrative Law Judge Jenifer Soulikias laid out the process for the proposed Union Pacific Railroad and Norfolk Southern Railway’s merger discovery proceedings.
In STB rail merger proceedings, discovery is the pre-case process through which interested parties can request data, operating metrics, contracts and other relevant company information from, in this case, UP and NS.
In her seven-page decision, Soulikias outlined rules for how discovery requests must be made, who can access materials and what steps parties must take in order to review material considered confidential. These rules include strict deadlines for submitting requests, sending requested material and responding to other communications.
Discovery for railroad merger proceedings follows the standard set in the Canadian Pacific Railway and Kansas City Southern merger, although both UP-NS and opposing Class Is submitted their own versions of proposed discovery guidelines. In her decision, Soulikias accepted and rejected portions of both proposals. Notably, she did not impose a limit on discovery requests; UP-NS sought a limitation on discovery requests, either by number (e.g., 50 written requests), or by time (e.g., through July 27, the same deadline the STB gave UP-NS to submit supplemental information after accepting their merger application).
As stated in the STB’s decision to accept the application while requesting more information, ongoing discovery is “essential to developing a record that allows for full consideration” of the proposed transaction, Soulikias reiterated, adding that there are “a multitude of discoverable issues in this case.”
Although she did not set a limit, she did rule that requesting parties must work to avoid discovery duplication and streamline the process to be as efficient as possible.
UP-NS also sought to limit under-oath testimony of expert witnesses to seven hours each, and to not allow recall of a witness for further testimony. The decision concluded that other witnesses shall not be allowed to testify for longer than seven hours, but an extended time cap may be granted for expert testimonies on a case-by-case basis.
Similar to the written discovery requests, Soulikias developed advance notice deadlines for requesting testimonies and submitting objections.
The decision also establishes a biweekly schedule for discovery conferences, with the first to occur June 26. The discovery conferences, which were not proposed by UP-NS or competing Class Is, will be used to solve discovery disputes that cannot be resolved between parties alone. Discrepancies should be narrowed or attempted to be resolved before a judgement by Soulikias is sought, according to the decision. These biweekly conferences will likely occur on an as-needed basis through at least the end of the year, according to the decision.
At the first conference on June 26, Soulikias is set to hear a motion to compel from BNSF Railway. According to a joint pre-conference filing from the four opposing Class Is, BNSF seeks resolution on requests for information that have been pending since December 2025. The four Class Is also seek to set document production deadlines for UP-NS and resolve a dispute regarding the number of files UP-NS will be required to search during the discovery process.
