Brown v. BNSF Railway Company et al

Filing 14

ORDER ON MOTION TO TERMINATE BNSF LOGISTICS, LLC, AS A PARTY - The Motion to Terminate BNSF Logistics, LLC, as a Party in this Matter, Filing 12 , is granted. The Clerk of Court shall terminate BNSF Logistics, LLC, as a party to this case and remove its counsel from the service list. Ordered by Judge Brian C. Buescher. (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ANTHONY BROWN, SR., individually and as
Special Administrator for the Estate of Jenika D.
Brown,

8:24CV475

Plaintiff,
ORDER ON MOTION TO TERMINATE
BNSF LOGISTICS, LLC, AS A PARTY

vs.
BNSF RAILWAY COMPANY; BNSF
LOGISTICS, LLC; and THE ESTATE OF
JENA FREE,
Defendants.

This case is before the Court on the Motion to Terminate BNSF Logistics, LLC, as a Party
in this Matter. Filing 12. BNSF Logistics represents that on October 30, 2024, before this case was
removed to this Court, plaintiff Brown moved to dismiss BNSF Logistics, LLC, in the state court
action. Filing 12 at 1 (¶ 3). BNSF Logistics represents further that the same day the state court
entered an order dismissing BNSF Logistics, LLC, from the case without prejudice. Filing 12 at 1
(¶ 4) (citing Filing 1-1 at 385). Finally, BNSF Logistics represents that plaintiff Brown has not
since then moved for leave to name BNSF Logistics, LLC, again as a party. Filing 12 at 1 (¶ 5).
Consequently, BNSF Logistics, LLC, prays that it be terminated as a party in this matter and that
the Court award such further relief as this Court deems appropriate and just. Filing 12 at 1–2.
Plaintiff Brown filed an Objection to BNSF Logistics, LLC’s Motion to Terminate It as a
Party as Moot. Filing 13. Plaintiff Brown acknowledges that BNSF Logistics was dismissed by
order of the state court on October 30, 2024, so that it is no longer a party. Filing 13 at 1. No other
party filed a response by the deadline for February 26, 2025, nor did BNSF Logistics file a reply
by the deadline for March 5, 2025.
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Notwithstanding that plaintiff Brown framed his response as an Objection, it is clear that
the parties agree that BNSF Logistics was dismissed from this case prior to its removal to this
Court, so that BNSF Logistics is no longer a party. Consequently, the Court concludes that BNSF
Logistics is entitled to the relief of termination as a party in this matter, although the Court deems
no other relief appropriate. Accordingly,
IT IS ORDERED that the Motion to Terminate BNSF Logistics, LLC, as a Party in this
Matter, Filing 12, is granted. The Clerk of Court shall terminate BNSF Logistics, LLC, as a party
to this case and remove its counsel from the service list.
Dated this 11th day of March, 2025.
BY THE COURT:

_________________________
Brian C. Buescher
United States District Judge

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