Elam et al v. National Mediation Board et al

Filing 48

ORDER by Judge Yvonne Gonzalez Rogers granting in part 40 Motion to Dismiss; granting 45 Stipulation for Extension to Respond to Motion for Summary Judgment. (fs, COURT STAFF) (Filed on 7/5/2016)

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3
KEVIN THOMPSON, ET AL.,

4

Case No. 15-cv-05127-YGR

Plaintiffs,
5
v.
6
NATIONAL RAILROAD PASSENGER
CORPORATION,

7

Defendant.

8

ORDER GRANTING IN PART MOTION FOR
VOLUNTARY DISMISSAL; GRANTING
STIPULATED REQUEST FOR EXTENSION TO
RESPOND TO MOTION FOR SUMMARY
JUDGMENT
Re: Dkt. No. 40, 45

9
Plaintiffs Kevin Thompson and Timothy Elam have brought this action against defendant
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18

National Railroad Passenger Corporation seeking the review and vacatur of an award granted by
Public Law Board 7680 to plaintiff Elam pursuant to the Railway Labor Act. (Dkt. No. 7 at ¶ 1.)1
Now before the Court is plaintiff Thompson’s motion to dismiss his claims against defendant
voluntarily without prejudice. (Dkt. No. 40.) Because defendant has already filed a motion for
summary judgment, Thompson may only dismiss the case “by court order, on terms that the court
considers proper.” Fed. R. Civ. P. 41(a)(2). Defendant does not oppose Thompson’s dismissal,
but requests that the Court dismiss Thompson with prejudice, or, in the alternative, that the Court
condition Thompson’s ability to commence another action “based on the same claims asserted in
this action upon the payments of [defendant’s] costs of the current action.” (Dkt. No. 41 at 2.)

19

The Court has also reviewed the Stipulated Request filed by plaintiff Thompson requesting that

20

the Court allow plaintiff until August 4, 2016 to file a response to defendant’s motion for

21

summary judgment. (Dkt. No. 45.)

22
23

Having carefully considered the papers submitted, the Court CONDITIONALLY DISMISSES
WITH PREJUDICE

plaintiff Thompson’s claims against defendant, effective August 8, 2016. The

24
25
26
27
28

1

Plaintiff Elam was an employee of the National Railroad Passenger Corporation, and the
claimant in the board award, which gives rise to this action. (Dkt. No. 7 at ¶ 2.) Plaintiff
Thompson acted as plaintiff Elam’s representative in his claim before the board. (Id. at ¶ 3.) On
May 26, 2016, defendant filed a motion for summary judgment, arguing as to plaintiff Thompson
that plaintiff Thompson lacked standing in this action because he was not aggrieved by the award.
(Dkt. No. 39 at 7–8.)

1

Court GRANTS plaintiff Thompson’s Stipulated Request for an extension to respond to defendant’s

2

motion for summary judgment. If plaintiff Thompson files a response to defendant’s motion for

3

summary judgment, the Court will deem plaintiff Thompson’s motion to dismiss his claims as

4

withdrawn.

5

This Order terminates Docket Numbers 40 and 45.

6

IT IS SO ORDERED.

7
8
9

Dated: July 5, 2016
______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2