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

Filing 21

ORDER denying 19 Motion to lift stay. Through an exercise of the Court's inherent authority, this case remains STAYED pending resolution of the state proceedings referenced in this Order, and the case again is ADMINISTRATIVELY CLOSED. See Order for further details. Signed by Judge Cathy Bissoon on 10/5/12. (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.

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Civil Action No. 11-1350
Judge Cathy Bissoon

ORDER
Norfolk’s Motion to lift the stay in this case (see Doc. 19) is DENIED.
The Court agrees that Norfolk effectively preserved its position that the preemption issue,
decided in its favor by the PUC, is best left to the federal judiciary. See Pl.’s Mot. at ¶ 9.
Nevertheless, too much has been accomplished through the state proceedings to abruptly change
course merely because the Union has filed an appeal therein. This Court need not rely on
abstention doctrines to determine that continuing the stay will promote the interests of judicial
economy, comity and the avoidance of duplicative litigation. See Integrated Finan. Assocs., Inc.
v. Blanchard, 2010 WL 4736610, *1-2 (D. Nev. Nov. 15, 2010) (“[a] federal court may stay its
proceedings based on comity,” avoidance of duplicative litigation, and to conserve judicial
resources, “even when none of the abstention doctrines requires that it do so”) (citation to quoted
source omitted).
Thus, through an exercise of the Court’s inherent authority, this case will remain
STAYED pending resolution of the state proceedings referenced above, and the case again is
ADMINISTRATIVELY CLOSED.

Consistent with the foregoing, Plaintiff or Defendants may restore this action to the
Court’s active calendar upon application or by motion.
IT IS SO ORDERED.

October 5, 2012

s\Cathy Bissoon
Cathy Bissoon
United States District Judge

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