Glass
Glass v. National Railroad Passenger Corp.
Opinion
Opinion
George, J.
PROCEEDINGS: CROSS-DEFENDANT UNITED STATES OF AMERICA’S MOTION TO DISMISS (filed 04/29/08)
Hearing is held. The tentative circulated is hereby adopted as the Court’s final ruling (attached hereto).
For the reasons stated on the record, the Cross-Defendant United States of America’s Motion to Dismiss (filed 04/29/08) is granted. The cross claim is hereby dismissed and this action is hereby remanded back to State Court for all further proceedings.
IT IS SO ORDERED.
I. Background
On January 8, 2007, plaintiff Charles Glass (“Plaintiff’) sued the National Railroad Passenger Corporation (“NRPC”), BNSF Railway Company (“BNSF”) and Doe defendants in Los Angeles County Superior Court. Plaintiff later dismissed its negligence claim against BNSF and added Harry Singh & Sons Farming Partnership (“Singh”) and Oceanside Produce, Inc. as defendants. On February 6, 2008, Singh filed a Cross-Complaint against the United States. Pursuant to 28 U.S.C. § 1442 (a)(1), the United States timely removed the entire action to this Court on March 18, 2008. In conjunction with this removal, the United States asserted that it had federal defenses to the Cross-Complaint including the following: “the…