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).

Download PDF
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. ) ) ) ) ) Civ. 12-254-FHS ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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.

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?