Bernal
Bernal v. Southern Pacific Transportation Co.
Opinion
lead Opinion
Damrell, J.
MEMORANDUM AND ORDER
Plaintiff Tim Bernal applies to this court, ex parte, for issuance of a Temporary Re *372 straining Order or alternatively, a Protective Order, prohibiting defendants Southern Pacific Transportation Company and its successor in interest Union Pacific Railroad (hereinafter “SP/UP”) from taking disciplinary action against him for failing to respond to ex parte written inquiries regarding his medical condition. Plaintiff also requests an award of attorney’s fees, asserting that SP/ UP’s opposition to his motion is without substantial justification. SP/UP opposes the application and motion, and request for attorney’s fees.
The court heard oral argument on March 10, 2000. For the reasons set forth below, plaintiffs motion for a protective order and for attorney’s fees is GRANTED.
BACKGROUND
Plaintiff brought this FELA action on September 26, 1998. Plaintiff alleges he suffered serious and permanent disabling injuries to his back over the course of his 28-year railroad career as a brakeman/conductor. Plaintiff has been unable to work since August 1996, but is still on SP/UP’s seniority roster as an employee on a disability leave of absence. Plaintiffs doctors…