United States of America v. Union Pacific Railroad Company

Filing 71

ORDER granting 70 Joint Stipulation for Partial Dismissal - 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. Counterclaim II asserted by the Government is dismissed with prejudice, with the unders tanding 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. Ordered by Chief Judge Joseph F. Bataillon. (MKR)

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u.s. U)STRIG I,

DIS~ I"~;

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IN TIlE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
II JUN -8 Pr; 2: OS
UNITED STATES OF AMERICA,

on Iv,- OF Till: CLERK
I

)
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Plaintiff,

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Case No. 8:lOCV444

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vs.

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UNION PACIFIC RAILROAD COMPANY,

)

ORDER ON JOINT
STIPULATION OF
PARTIAL DISMISSAL

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Defendant.

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Before the Court is the parties' Joint Stipulation of Partial Dismissal pursuant to Rule
41(a) and (c) of the Federal Rules of Civil Procedure. The Court, being fully advised in the
premises, fmds it is hereby ORDERED, ADJUDGED, AND DECREED as follows:
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

<6'

day of----:;)::s:......;:I.!.A.y.=_ _ _ _---..;, 2011.
BY THE COURT:

~leJosephF. B

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