Clark v. Union Pacific Railroad Company

Filing 25

ORDER that 22 MOTION to Substitute Party M. Randy Rice, Trustee, as a pltf in this matter is GRANTED, but the Court will not allow Clark to remain as a pltf as he does not have standing to pursue this claim. Signed by Judge Susan Webber Wright on 10/11/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

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.

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No. 5:11-cv-00097-SWW

ORDER
Plaintiff Jody L. Clark brings this action under the Federal Employer’s Liability Act
(FELA), 45 U.S.C. § 51 et seq., for personal injuries he states he sustained while working for
defendant Union Pacific Railroad Company (Union Pacific). Union Pacific previously moved to
dismiss on grounds that Clark filed for bankruptcy after filing this action and only the
bankruptcy trustee may pursue a cause of action included as property of the bankruptcy estate.
Clark responded that the motion to dismiss should be denied because substitution of his

bankruptcy trustee is under way. By Order dated August 24, 2011 [doc.#20], the Court denied
Union Pacific’s motion to dismiss and required that the bankruptcy trustee be substituted as the
real party in interest within forty-five (45) days from the date of entry of the Order.
The matter is now before the Court on motion [doc.#22] of Clark to substitute the
following Bankruptcy Trustee as a plaintiff in this matter while allowing Clark to also remain as
a plaintiff:
M. Randy Rice, Trustee for Jody L. Clark
523 S. Louisiana, Suite 300
Little Rock, AR 72201
Union Pacific has responded to Clark’s motion stating that it has no objection to M.
Randy Rice, Trustee, being substituted as the real party in interest but that it does object to Clark
remaining as a plaintiff as only the bankruptcy trustee may pursue a cause of action included as
property of the bankruptcy estate. The Court agrees.
“[A] debtor may not prosecute on his own a cause of action belonging to the estate unless
that cause of action has been abandoned by the trustee.” Vreugdenhil v. Hoekstra, 773 F.2d 213,
215 (8th Cir. 1985). “[T]he only party who can pursue a claim on behalf of the bankruptcy
estate is the trustee, thus the debtor lacks standing.” In re Griffin, 330 B.R. 737, 740 (W.D. Ark.
2005). The authority of a bankruptcy trustee to sue on behalf of the bankruptcy estate is granted
to the exclusion of the debtor. Id.
Because Clark has filed for bankruptcy, he lacks standing to pursue this claim. The
trustee of the bankruptcy estate is the real party in interest and the only party who has the
capacity to sue in this action. The trustee’s capacity to sue exists to the exclusion of Clark.
Accordingly, the Court grants Clark’s motion to substitute M. Randy Rice, Trustee, as a plaintiff

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in this matter, but will not allow Clark to remain as a plaintiff as he does not have standing to
pursue this claim.

IT IS SO ORDERED this 11th day of October 2011.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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