DIEHL v. CSX TRANSPORTATION
Filing
42
MEMORANDUM OPINION AND ORDER - upon consideration of Defendant's Motion to Dismiss (ECF No. 7 ), and for the reasons set forth in the accompanying Memorandum Opinion, it is hereby Ordered that Defendant's Motion to Dismiss (ECF No. 7 ) is GRANTED IN PART and DENIED IN PART, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 10/1/2018. (dlg)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DENO RA DIEHL, on behalf of herself
and all others similarly situated,
)
Case No. 3:18-cv-122
)
)
Plaintiff,
)
JUDGE KIM R. GIBSON
)
v.
)
)
CSX TRANSPORTATION, INC.,
)
)
Defendant.
)
MEMORANDUM OPINION
I.
Introduction
This case arises out of a train derailment that occurred near Hyndman,
Pennsylvania in August 2017. Plaintiff Denora Diehl ("Plaintiff") filed a Class Action
Complaint alleging that Defendant CSX Transportation, Inc. ("Defendant") negligently
operated its train, causing it to derail. Plaintiff avers that she and other proposed class
members ("Proposed Class") were subsequently forced to evacuate their homes and
subjected to inconvenience as Defendant repaired the derailment site.
Pending before the Court is the Motion to Dismiss filed by Defendant on July 20,
2018. (ECF No. 7.) Plaintiff filed her Memorandum in Opposition to Defendant's Motion
to Dismiss on August 23, 2018. (ECF No. 22.) Therefore, the instant Motion has been fully
briefed and is ripe for disposition.
For the reasons that follow, this Court will GRANT IN PART and DENY IN PART
Defendant's Motion to Dismiss (ECF No. 7).
II.
Subject Matter Jurisdiction & Venue
Pursuant to 28 U.S.C. § 1332(d)(2), the Court has "original jurisdiction [over] any
civil action in which the matter in controversy exceeds the sum or value of $5,000,000,
exclusive of interests and costs, and is a class action in which-(A) any member of a class
of plaintiffs is a citizen of a State different from any defendant." 28 U.S.C. § 1332(d)(2)(A).
In order to receive the benefit of § 1332( d)(2), the proposed class of plaintiffs must have at
least 100 members. Id.§ 1332(d)(5)(B).
Here, Plaintiff is a resident of Hyndman, Bedford County, Pennsylvania. (ECF No.
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