Elam et al v. National Mediation Board et al

Filing 60

JUDGMENT IN FAVOR OF DEFENDANT. Signed by Judge Yvonne Gonzalez Rogers on 11/28/16. (fs, COURT STAFF) (Filed on 11/28/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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TIM ELAM,

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Case No. 4:15-cv-05127-YGR
Plaintiff,

v.
NATIONAL RAILROAD PASSENGER
CORPORATION,
Defendant.

[PROPOSED] JUDGMENT IN FAVOR OF
DEFENDANT
Date:
December 9, 2016
Time:
9:01 a.m.
Courtroom: 1 – 4th Floor
Judge:
Honorable Yvonne G. Rogers

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
This Court, having considered the pleadings in this matter, all papers and authority
submitted in support of and opposition to Defendant National Railroad Passenger Corporation’s
(“Amtrak”) Notice of Motion and Motion for Summary Judgment, all papers and authority
submitted in support of and opposition to Plaintiff Tim Elam’s Notice of Motion and Motion for
Summary Judgment, the record before Public Law Board 7680 (the “Board”) when it issued
Award No. 14 (the “Award”), and oral arguments from counsel at the hearing on the crossmotions for summary judgment held on October 11, 2016, and for good cause shown, this Court
GRANTS Defendant’s motion for summary judgment and DENIES Plaintiff’s motion for
[PROPOSED] JUDGMENT
Case No. 4:15-CV-05127-YGR

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summary judgment for the reasons set forth in its November 14, 2016 Order in Favor of
Defendant’s Cross Motion for Summary Judgment. For the reasons stated more fully in the
Court’s November 14, 2016 Order, Public Law Board 7680 did not exceed its jurisdiction (1) by
refusing to award Plaintiff back pay; and/or (2) by failing to find that the March 12, 2013
disciplinary hearing against Plaintiff was untimely. No other grounds exist to vacate the Award.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED THAT
JUDGMENT IS HEREBY ENTERED in favor of Defendant National Railroad Passenger
Corporation and against Plaintiff Tim Elam. The action of Plaintiff against Defendant is
dismissed in its entirety with prejudice. Plaintiff shall take nothing as a result of his action and
Defendant is entitled to recover its costs, according to law.

IT IS SO ORDERED.
Dated: ________________________
November 28, 2016

___________________________________
Yvonne Gonzalez Rogers
United States District Court Judge

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[PROPOSED] JUDGMENT
Case No. 4:15-CV-05127-YGR