NORFOLK SOUTHERN RAILWAY COMPANY v. PENNSYLVANIA PUBLIC UTILITY COMMISSION et al

Filing 18

ORDER. Consistent with the discussions at today's Conference, and through an exercise of the Court's inherent authority, this case hereby is STAYED pending resolution of the related administrative proceedings before the PPUC. As and when appropriate, Plaintiff or Defendants may restore this action to the Court's active calendar upon application or by motion. See Order filed herewith for further details. Signed by Judge Cathy Bissoon on 4/13/12. (dcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
NORFOLK SOUTHERN RAILWAY
COMPANY,
Plaintiff,
v.
PENNSYLVANIA PUBLIC UTILITY
COMMISSION, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)

Civil Action No. 11-1350
Judge Cathy Bissoon

ORDER
Consistent with the discussions at today’s Conference, and through an exercise of the
Court’s inherent authority, this case hereby is STAYED pending resolution of the related
administrative proceedings before the Pennsylvania Public Utility Commission. See Rice v.
Astrue, 2010 WL 3607474, *2 (D. S.C. Sept. 9, 2010) (“a federal court has the inherent power to
stay, sua sponte, an action before it,” “pending resolution of independent proceedings [that] bear
upon the case”) (citations and internal quotations omitted). For the duration of the stay, this case
is and shall remain ADMINISTRATIVELY CLOSED. Administrative closings comprise a
familiar way in which courts remove cases from their active files without final adjudication.
Penn West Assocs., Inc. v. Cohen, 371 F.3d 118, 127 (3d Cir. 2004) (citation and internal
quotations omitted). Administrative closure is a docket control device used by the Court for
statistical purposes, and it does not prejudice the rights of the parties in any manner. Honig v.
Comcast of Georgia I, LLC, 537 F. Supp.2d 1277, 1290 n.8 (N.D. Ga. 2008).

As and when appropriate, Plaintiff or Defendants may restore this action to the Court’s
active calendar upon application or by motion. See In re Arbitration Between Philadelphia Elec.
Co. v. Nuclear Elec. Ins., Ltd., 845 F. Supp. 1026, 1028 (S.D.N.Y. 1994) (holding same).
IT IS SO ORDERED.

April 13, 2012

s\Cathy Bissoon
Cathy Bissoon
United States District Judge

cc (via ECF email notification):
All Counsel of Record

2