Clark v. Union Pacific Railroad Company

Filing 37

ORDER granting 36 Motion to Change Venue; the Clerk is directed to transfer this action to the USDC for the Eastern District of Arkansas Western Division. Signed by Judge Susan Webber Wright on 2/21/12. (vjt)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION M. RANDY RICE, TRUSTEE FOR JODY L. CLARK, Plaintiff, vs. UNION PACIFIC RAILROAD COMPANY, Defendant/Third Party Plaintiff, vs. GUNDERSON RAIL SERVICES, LLC, D/B/A GREENBRIER RAIL SERVICES PINE BLUFF D/B/A GUNDERSON WHEEL SERVICES AND D/B/A GUNDERSON, INC. Third Party Defendant. * * * * * * * * * * * * * * * * * * * * * * * * No. 5:11-cv-00097-SWW ORDER Plaintiff M. Randy Rice, Trustee for Jody L. Clark, brings this damages action under the Federal Employer’s Liability Act (FELA), 45 U.S.C. § 51 et seq., for personal injuries Clark states he sustained while working for defendant Union Pacific Railroad Company (Union Pacific).1 Union Pacific, in turn, has filed a third party complaint for indemnity against Gunderson Rail Services, LLC, d/b/a Greenbrier Rail Services Pine Bluff d/b/a Gunderson 1 After this action was filed, Clark filed for bankruptcy. By Order entered October 11, 2011 [doc.#25], the Court granted Clark’s motion to substitute M. Randy Rice, Trustee, as a plaintiff in this matter, but did not allow Clark to remain as a plaintiff as he does not have standing to pursue this claim. Wheel Services and d/b/a Gunderson, Inc. (Gunderson), alleging that the loss alleged by Clark is the result of failure and negligence of Gunderson. Before the Court is an agreed motion to change venue [doc.#36]. All parties ask that this action be transferred from Pine Bluff to Little Rock as most of the witnesses either reside or work in Little Rock. Noting that this action is set for trial on May 29, 2012, all parties state that they agree to a continuance if the trial date cannot be kept because of moving the trial to Little Rock. Having considered the matter, the Court hereby grants the joint motion to change venue and directs the Clerk of Court to transfer this action to the United States District Court for the Eastern District of Arkansas Western Division. Upon transfer, the Court will evaluate its docket. If the current trial date is impacted the parties will be so advised. IT IS SO ORDERED this 21st day of February 2012. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?