English v. BNSF Railway Company et al

Filing 22

ORDER: Plaintiff shall have the opportunity to conduct a telephonic deposition of Defendant Parker to determine whether his domicile has changed. The parties are requested to complete the deposition on or before October 1, 2018. IT IS FURTHER ORDERED that Plaintiff shall submit a short brief and a copy of the deposition setting forth his position within fourteen days of the Parker deposition. If necessary, the defendants shall than respond within the time limits provided by the Federal Rules of Civil Procedure and the Local Rules of this Court. Signed by Judge Brian Morris on 7/10/2018. (MMS)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION

FRANCIS E. ENGLISH,
No. CV-18-77-GF-BMM

Plaintiff,
v.
BNSF RAILWAY COMPANY,
CHRISTOPHER PARKER,
BNSF Terminal Manager,
CHRISTOPHER GROELING,
Terminal Trainmaster,

ORDER

Defendants.

Plaintiff has moved to remand this case to state court on the ground that
diversity of citizenship is absent. Defendants oppose the motion on the ground that
none of them are non-diverse. Plaintiff requests an opportunity to conduct limited
discovery regarding defendant Parker’s domicile.
IT IS HEREBY ORDERED that Plaintiff shall have the opportunity to
conduct a telephonic deposition of Defendant Parker to determine whether his
domicile has changed. The parties are requested to complete the deposition on or
before October 1, 2018.
IT IS FURTHER ORDERED that Plaintiff shall submit a short brief and a
copy of the deposition setting forth his position within fourteen days of the Parker
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deposition. If necessary, the defendants shall then respond within the time limits
provided by the Federal Rules of Civil Procedure and the Local Rules of this
Court.
DATED this 10th day of July, 2018.

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