English v. BNSF Railway Company et al

Filing 77

ORDER granting 58 Motion for Summary Judgment; denying 63 Motion for Protective Order. SEE ORDER FOR DETAILS. Signed by Judge Brian Morris on 11/15/2019. (MMS)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
FRANCIS E. ENGLISH,

CV-18-77-GF-BMM

Plaintiff,
vs.

ORDER

BNSF RAILWAY COMPANY,
Defendant.

Plaintiff Francis E. English (“English”) filed a motion for partial summary
judgment (Doc. 58) and a motion for a protective order (Doc. 63). Defendant
BNSF Railway Company (“BNSF”) opposed English’s motions. (Docs. 68 & 69.)
The Court conducted a hearing on the motions on November 14, 2019. (Doc. 75.)
For the reasons stated in open Court, IT IS ORDERED that English’s
Motion for Partial Summary Judgment (Doc. 58) is GRANTED. English’s state
law claims are not preempted by the Railway Labor Act.
IT IS FURTHER ORDERED that English’s Motion for a Protective Order
(Doc. 63) is DENIED. The Court limits the use of any communication or
1

documents between English and his union representative in the grievance process
to impeachment purposes only. Counsel for BNSF shall seek permission from the
Court before attempting to impeach witnesses with these communications or
documents.
DATED this 15th day of November, 2019.

2