Norfolk Southern Railway Company v. The Judge Organization, LLC et al

Filing 109

ORDER granting 48 Motion to Stay Case and Refer Questions to the Surface Transportation Board. The Clerk of Court is directed to Stay and Administratively Close this case. Signed by Judge William T. Moore, Jr. on 9/9/19. (jrb) Modified on 9/10/2019 (jrb).

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IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA

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SAVANNAH DIVISION

NORFOLK SOUTHERN RAILWAY

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ijf GA.

COMPANY,
Plaintiff,
CASE NO. CV416-265

V.

JUDGE WAREHOUSING, LLC,
Defendant.

ORDER

Before
Motion

Court

Stay

to

the

Case

Transportation

Board.

is

Defendant

and

Refer

(Doc.

48.)

Judge

Warehousing,

Questions
For

the

to

the

following

LLC's

Surface
reasons,

Defendant's motion is GRANTED.

BACKGROUND

This action was filed by Plaintiff Norfolk Southern Railway

Company

("Norfolk

allegedly owed

Southern")

to

by Defendant Judge

recover

demurrage

charges

Warehousing, LLC ("Judge").

(Doc. 1 at 2.) Pursuant to 49 U.S.C. § 10746, Norfolk Southern

established rules related to the assessment and computation of
rail car demurrage charges. (Id.) A demurrage fee is a "charge
that both

compensates

rail

carriers for the

expenses incurred

when rail cars are detained beyond a specified period of time
(i.e.,

free

time)

for

loading

or

unloading,

and

serves

as

a

penalty for undue car detention to encourage the efficient use