Melton Properties, LLC et al v. Illinois Central Railroad Company et al

Filing 399

ORDER granting 398 Motion to Extend Stay. Signed by District Judge Debra M. Brown on 2/27/2023. (jtm)

Case: 4:18-cv-00079-DMB-JMV Doc #: 399 Filed: 02/27/23 1 of 2 PageID #: 9169

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
MELTON PROPERTIES, LLC., et al.
V.

PLAINTIFFS
NO. 4:18-CV-79-DMB-JMV

ILLINOIS CENTRAL RAILROAD
COMPANY, et al.

DEFENDANTS

ORDER EXTENDING STAY
On March 27, 2018, the plaintiffs commenced this action in the United States District Court
for the Northern District of Mississippi, asserting state and federal claims arising from a toxic spill
caused by a March 30, 2015, derailment of a railcar owned by Union Tank, which was being
transported by “Illinois Central and/or Canadian National” on tracks “owned by Illinois Central
and/or Canadian National.” Doc. #1. On September 29, 2020, this Court stayed for 90 days the
plaintiffs’ remediation-related claims for injunctive relief under the doctrine of primary
jurisdiction and, to avoid piecemeal litigation, also stayed the remediation-related claims for
damages. Doc. #222 at 26–27. The Court thrice extended the stay for 180 days under the primary
jurisdiction doctrine and conditioned any additional stay on a showing of good cause and lack of
irreparable harm to the plaintiffs. Docs. #351, #376, #386. The most recent stay expired February
26, 2023.
On February 23, 2023, Illinois Central filed a motion to extend the stay an additional 180
days. Doc. #398. Illinois Central represents that it “continues to diligently implement the remedial
plan approved by [the Mississippi Department of Environmental Quality (“MDEQ”)] and has
made significant progress towards achieving the remedial goals.” Id. at 2. It further represents

Case: 4:18-cv-00079-DMB-JMV Doc #: 399 Filed: 02/27/23 2 of 2 PageID #: 9170

that “[p]laintiffs’ counsel has informed [its] counsel … that plaintiffs do not oppose the relief
requested.” Id.
For all the reasons articulated in this Court’s previous stay orders 1 and based on the
representations that remediation is ongoing and the plaintiffs do not oppose a further stay of this
case, the Court concludes there is good cause to extend the stay and such extension will not result
in irreparable harm to the plaintiffs. Illinois Central’s motion to extend stay [398] is GRANTED.
The stay is extended under the primary jurisdiction doctrine by one hundred and eighty (180) days.
SO ORDERED, this 27th day of February, 2023.
/s/Debra M. Brown
UNITED STATES DISTRICT JUDGE

1

See Doc. #351 at 16–25; Doc. #376 at 8–15.