Union Pacific Railroad Company v. BNSF Railway Company

Filing 34

MEMORANDUM AND ORDER - The Magistrate Judge's Findings and Recommendation (filing 31 ) are adopted. The plaintiff's objection (filing 32 ) to the findings and recommendation is overruled. The defendant's motion to dismiss (filing 2 ) is granted. A separate judgment will be entered. Ordered by Judge John M. Gerrard. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNION PACIFIC RAILROAD
COMPANY,
8:16-CV-63
Plaintiff,
vs.

MEMORANDUM AND ORDER

BNSF RAILWAY COMPANY,
Defendant.
This matter is before the Court on the defendant's motion to dismiss
(filing 2), the Magistrate Judge's Findings and Recommendation (filing 31)
recommending that the motion be granted, and the plaintiff's objection (filing
32) to the findings and recommendation. Having conducted a de novo review
of the record pursuant to 28 U.S.C. § 636(b)(1)(C), the Court finds that the
Magistrate Judge's findings and recommendation were correct in all respects.
The Court will grant the defendant's motion to dismiss for the reasons stated
by the Magistrate Judge.
IT IS ORDERED:
1.

The Magistrate Judge's Findings and Recommendation
(filing 31) are adopted.

2.

The plaintiff's objection (filing 32) to the findings and
recommendation is overruled.

3.

The defendant's motion to dismiss (filing 2) is granted.

4.

A separate judgment will be entered.

Dated this 28th day of July, 2016.
BY THE COURT:

John M. Gerrard
United States District Judge