Crago v. Union Pacific Railroad Company

Filing 53

ORDER that the above-styled case is stayed, pending the en banc decision of the Fifth Circuit in the matter of In Re Volkswagen. Ordered by Magistrate Judge Judith K. Guthrie. (JSF)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION DONALD ELLIS, ET AL. Vs. UNION PACIFIC RAILROAD COMPANY CIVIL ACTION NO. 9:07CV231 ORDER Plaintiffs Donald Ellis, Horace Fogle, Phillip Thomas, John Staggs and Donald Crago filed the above-styled lawsuit on September 28, 2007, in the Eastern District of Texas, Lufkin Division. The matter was referred to the undersigned in accordance with 28 U.S.C. 636. On June 16, 2008, Defendant filed Motions to Transfer Venue, seeking a transfer of each Plaintiff's claims to a different district (see document #45, #46, #47 and #48). A response was filed by Plaintiffs Staggs, Crago and Thomas on June 30, 2008. Recently, the Fifth Circuit granted a petition for rehearing en banc regarding the decision of In re Volkswagen, 506 F.3d 376 (5th Cir. 2007), vacating its previous opinion and judgment and staying the mandate. See In re Volkswagen, No. 07-40058 (5th Cir. Feb. 14, 2008) (order granting petition). An oral argument was conducted in that case on May 22, 2008. The undersigned finds that the Volkswagen decision is central to an analysis of a 28 U.S.C. 1404(a) transfer in this Circuit. As a result, the case should be stayed pending the en banc decision 1 of the Fifth Circuit in Volkswagen. In light of the foregoing, it is hereby ORDERED that the above-styled case is STAYED, pending the en banc decision of the Fifth Circuit in the matter of In Re Volkswagen. So ORDERED and SIGNED this 2 day of July, 2008. ____________________________ JUDITH K. GUTHRIE UNITED STATES MAGISTRATE JUDGE 2

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