Hall

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7

NORTHERN DISTRICT OF CALIFORNIA

8

9

10 RANDY LEE HALL, 11 Plaintiff, No. C19-02312 WHA

12 v.

13 NATIONAL RAILROAD PASSENGER ORDER (1) GRANTING PLAINTIFF’S

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

14 JONATHAN STASKA, Engineer Driver; AMENDED COMPLAINT AND DENISE HOGG, Conductor; MICHAEL (2) GRANTING IN PART AND 15 JOHN TORRENCE, Assistant Conductor, DENYING IN PART DEFENDANTS’ BNSF RAILWAY COMPANY; and DOES MOTION TO DISMISS 16 1 through 50 inclusive, 17 Defendants.

18 19 INTRODUCTION 20 In this wrongful death action where plaintiff’s daughter died after a train hit her, plaintiff 21 now seeks to amend his complaint and all defendants seek to dismiss portions of his complaint, 22 including its proposed amendments, under Rule 12(b)(6). For the following reasons, plaintiff’s 23 motion for leave to amend is GRANTED, and defendants’ motion to dismiss the complaint is 24 GRANTED IN PART AND DENIED IN PART. 25 STATEMENT 26 On August…