Bowermaster v. Kiamichi Railroad Company
Filing
34
OPINON AND ORDER by Judge Frank H. Seay granting 30 Motion to Stay as to BNSF Crossclaim; granting 30 Motion to Compel; Court orders arbitration between Kiamichi and BNSF. (trl, Chambers) Modified on 1/14/2013 to correct typeographical error only (trl, Chambers).
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
JEFFREY A. BOWERMASTER,
Plaintiff,
vs.
BNSF RAILWAY COMPANY and
KIAMICHI RAILROAD COMPANY,
Defendants, and
BNSF RAILWAY COMPANY,
Crossclaimant
vs.
KIAMICHI RAILROAD COMPANY,
Crossclaim Defendant.
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OPINION AND ORDER
GRANTING KIAMICHI RAILROAD COMPANY’S MOTION TO COMPEL
ARBITRATION AND STAY OF BNSF RAILWAY COMPANY’S CROSSCLAIM
Before the court for its consideration is the Kiamichi
Railroad Company’s Motion to Compel Arbitration and Stay
BSNF Railway Company’s Crossclaim (doc. 30).
objection was filed.
No response or
Thus, the court deems the motion
confessed by the parties.
Nevertheless, the court will
address the merits of the motion.
The court finds the facts as follows.
this action on or about June 8, 2012.
Plaintiff filed
BNSF filed a
Crossclaim against Kiamichi on or about November 29, 2012.
BNSF’s Crossclaim is based on an Interchange Agreement.
The
Crossclaim states in relevant part:
3. The Interchange Track Agreement
provides that in the case of a collision
between engines, cars or trains occurring
upon the Interchange Track and caused
solely by the negligence of enginemen or
trainmen or other sole employees of one
of the sole employees of the parties, the
party whose sole employee caused the same
shall be responsible for and pay the
entire loss causes thereby.
The Interchange Agreement contains the following
provision:
If at any time a question or controversy
shall arise between the parties hereto
touching the construction of any part of
this Agreement... (it) shall be submitted
to arbitration...
The court finds the issues to be resolved in the
Crossclaim are subject to arbitration. Arbitration
provisions that are part of a valid contract are enforceable
under the Federal Arbitration Act. 9 U.S.C. Sec. 2.
Accordingly, the court orders arbitration between Kiamichi
and BNSF.
Further the court stays BNSF’s Crossclaim.
IT IS SO ORDERED this 14th day of January, 2013.
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