Lopez

Lopez v. BNSF Railway Co.

Good Law

614 F. Supp. 2d 1084·2007 WL 4326734·2007 U.S. Dist. LEXIS 92939

United States District Court, Eastern District of CaliforniaDecember 7, 20071:07-cv-01417 OWW GSACalifornia2,012 words

Opinion

Austin, J.

ORDER DENYING MOTION TO REMAND

Plaintiffs Mary G. Lopez, et al. (“Plaintiffs”) filed the instant motion to remand on October 26, 2007. The matter was heard on November 30, 2007, before the Honorable Gary S. Austin, United States Magistrate Judge. Juan C. Victoria appeared on behalf of Plaintiffs. Erin Eileen Fry appeared on behalf of Defendants National Railroad Passenger Corporation (“Amtrak”) and BNSF Railway Company (“BNSF”) (collectively “Defendants”). John Hoxie appeared telephonically on behalf of the California Department of Transportation.

BACKGROUND

Plaintiffs filed their action in the Kern County Superior Court on August 24, 2007, alleging causes of action for (1) wrongful death; (2) negligence; and (3) dangerous condition of public property.

Defendant BNSF was served with the complaint on September 18, 2007. Defendant Amtrak was served with the complaint on September 19, 2007. Defendants filed their answer on September 26, 2007.

On September 26, 2007, Defendants filed their notice of removal. Defendants explain that the Court has original jurisdiction over the claim against Defendant Amtrak under 28 U.S.C. § 1331 (federal question jurisdiction) because Amtrak was…

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