Hall

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

RANDY LEE HALL, Plaintiff, No. C19-02312 WHA

v.

NATIONAL RAILROAD PASSENGER ORDER (1) GRANTING PLAINTIFF’S

CORPORATION (“AMTRAK”); MOTION FOR LEAVE TO FILE AN

JONATHAN STASKA, Engineer Driver; AMENDED COMPLAINT AND DENISE HOGG, Conductor; MICHAEL (2) GRANTING IN PART AND JOHN TORRENCE, Assistant Conductor, DENYING IN PART DEFENDANTS’ BNSF RAILWAY COMPANY; and DOES MOTION TO DISMISS 1 through 50 inclusive, Defendants.

18 INTRODUCTION In this wrongful death action where plaintiff’s daughter died after a train hit her, plaintiff now seeks to amend his complaint and all defendants seek to dismiss portions of his complaint, including its proposed amendments, under Rule 12(b)(6). For the following reasons, plaintiff’s motion for leave to amend is GRANTED, and defendants’ motion to dismiss the complaint is GRANTED IN PART AND DENIED IN PART. STATEMENT On August…