Union Pacific Railroad Company v. United States Department of Homeland Security et al

Filing 178

ORDER regarding (177) Stipulation for Dismissal in case 8:08-cv-00336-JFB -TDT and (70) Stipulation for Dismissal in case 8:10-cv-00430-JFB -TDT. Union Pacific's Administrative Procedure Act, Declaratory Judgment Act, and Constitutional Claims concerning the seizure of the railcars identified in the pleadings are dismissed with prejudice. This dismissal applies only to the railcars identified in the pleadings. Counterclaim II asserted by the Government is dismissed with prejudice, with t he understanding that by so dismissing, the Government does not concede that the District of Nebraska possesses jurisdiction over the seizures of the railcars at issue.In addition, the Government reserves the right to enforce future applications of the Tariff Act of 1930 against Union Pacific on identical grounds in the event of future seizures. Member Cases: 8:08-cv-00336-JFB -TDT, 8:10-cv-00430-JFB -TDTOrdered by Chief Judge Joseph F. Bataillon. (JAE)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNION PACIFIC RAILROAD COMPANY,
Plaintiff,
v.
UNITED STATES DEPARTMENT OF
HOMELAND SECURITY, et al.,
Defendants,
___________
UNITED STATES OF AMERICA,
Plaintiff,
v.
UNION PACIFIC RAILROAD COMPANY,
Defendant,

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8:08CV336

8:10CV430

ORDER

This matter is before the court on the parties joint stipulation of partial dismissal,
Filing No. 177 in 8:08CV336, Filing No. 70 in 8:10CV430. Pursuant to that stipulation,
IT IS ORDERED, ADJUDGED AND DECREED:
1.

Union Pacific's Administrative Procedure Act, Declaratory Judgment Act,

and Constitutional Claims concerning the seizure of the railcars identified in the
pleadings are dismissed with prejudice, reserving to Union Pacific the right to challenge
future applications of the Tariff Act of 1930 on identical grounds in the event of future
seizures. This dismissal applies only to the railcars identified in the pleadings.
Reserved for decision by the Court are all other issues as set forth by the pleadings and

motions currently pending before the Court, including Union Pacific's claims under the
Administrative Procedure Act, Declaratory Judgment Act, and Constitutional Claims
challenging the Government's application of 19 U.S.C. §1584.
2.

Counterclaim II asserted by the Government is dismissed with prejudice,

with the understanding that by so dismissing, the Government does not concede that
the District of Nebraska possesses jurisdiction over the seizures of the railcars at issue.
In addition, the Government reserves the right to enforce future applications of the Tariff
Act of 1930 against Union Pacific on identical grounds in the event of future seizures.
DATED this 9th day of June, 2011.
BY THE COURT:

s/ Joseph F. Bataillon
CHIEF DISTRICT JUDGE

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