Pfaffle v. BNSF Railway Company
Filing
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ORDER DENYING DEFENDANTS MOTION FOR SUMMARY JUDGMENT. Defendants Motion for Summary Judgment ECF No. 16 is DENIED. Signed by Chief Judge Thomas O. Rice. (LLH, Courtroom Deputy)
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
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TERESA PFAFFLE,
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Case No: 2:17-CV-0407-TOR
Plaintiff,
ORDER DENYING DEFENDANT’S
MOTION FOR SUMMARY
JUDGMENT
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v.
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BNSF RAILWAY COMPANY, a
Delaware corporation,
Defendant.
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BEFORE THE COURT is Defendant BNSF Railway Company’s Motion for
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Summary Judgment (ECF No. 16). The matter was submitted for consideration
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with telephonic oral argument. The Court has reviewed the record and files herein,
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and is fully informed. As discussed below, the Court follows its previous decision
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in Abeyta v. BNSF Ry. Co., No. 2:17-CV-0350-TOR, 2018 WL 327283 (E.D.
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Wash. Mar. 14, 2018) and denies Defendant’s Motion for Summary Judgment
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(ECF No. 16).
ORDER DENYING DEFENDANT’S
MOTION FOR SUMMARY JUDGMENT ~ 1
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STANDARD OF REVIEW
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A movant is entitled to summary judgment if “there is no genuine dispute as
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to any material fact and that the movant is entitled to judgment as a matter of law.”
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Fed. R. Civ. P. 56(a). A fact is “material” if it might affect the outcome of the suit
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under the governing law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248
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(1986). An issue is “genuine” where the evidence is such that a reasonable jury
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could find in favor of the non-moving party. Id. The moving party bears the
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“burden of establishing the nonexistence of a ‘genuine issue.’” Celotex Corp. v.
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Catrett, 477 U.S. 317, 330 (1986). “This burden has two distinct components: an
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initial burden of production, which shifts to the nonmoving party if satisfied by the
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moving party; and an ultimate burden of persuasion, which always remains on the
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moving party.” Id.
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Only admissible evidence may be considered. Orr v. Bank of America, NT
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& SA, 285 F.3d 764 (9th Cir. 2002). The nonmoving party may not defeat a
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properly supported motion with mere allegations or denials in the pleadings.
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Liberty Lobby, 477 U.S. at 248. The “evidence of the non-movant is to be
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believed, and all justifiable inferences are to be drawn in [the non-movant’s]
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favor.” Id. at 255. However, the “mere existence of a scintilla of evidence” will to
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not defeat summary judgment. Id. at 252.
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ORDER DENYING DEFENDANT’S
MOTION FOR SUMMARY JUDGMENT ~ 2
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DISCUSSION
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Defendant BNSF Railway Company moves the Court to enter summary
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judgment in its favor based on a statute of limitations defense. ECF No. 16. The
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issue here is materially identical to two other cases recently addressed by this
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Court: Abeyta v. BNSF Ry. Co., No. 2:17-CV-0350-TOR, 2018 WL 327283 (E.D.
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Wash. Mar. 14, 2018) and Figueroa v. BNSF Ry. Co., 275 F. Supp. 3d 1225 (E.D.
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Wash. 2017). In Abeyta, as here, ECF No. 1 ¶ 6, the plaintiff filed suit in Montana
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state court for complained of injuries, see ECF No. 1-3, which, at the time of filing,
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appeared to be a court having general jurisdiction over the defendant. Abeyta,
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2018 WL 327283, at *1. After Daimler AG v. Bauman, 571 U.S. 117 (2014), was
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decided, the defendant challenged personal jurisdiction based on Daimler’s at-
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home requirement for general jurisdiction, but the court rebuffed the challenge
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after the Montana Supreme Court decided the case of Tyrrell v. BNSF Ry. Co., 373
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P.3d 1, 8, cert. granted, 137 S. Ct. 810 (2017), and rev’d and remanded, 137 S. Ct.
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1549 (2017), where Montana’s highest court found Daimler did not apply to
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Federal Employer Liability Act (FELA) actions. Abeyta, 2018 WL 327283, at *1;
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compare with ECF No. 1 at ¶¶ 7-11. However, the United States Supreme Court
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reversed Tyrell, finding Daimler’s general jurisdiction analysis applies to FELA
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actions. BNSF Ry. Co. v. Tyrell, 137 S.Ct 1549 (2017); compare with ECF No. 1
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at ¶¶ 14-16. Thereafter, the state court dismissed the plaintiff’s case without
ORDER DENYING DEFENDANT’S
MOTION FOR SUMMARY JUDGMENT ~ 3
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prejudice for lack of personal jurisdiction and the plaintiff soon after filed suit in
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Washington, where the underlying events took place. Abeyta, at *1; compare with
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ECF No. 1 at ¶ 16. As here, see ECF No. 16, the defendant challenged the
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plaintiff’s newly filed suit in Washington based on the three year statute of
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limitations, which – absent tolling – would have run before the filing of the suit in
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Washington. Abeyta, at *2. This Court applied equitable tolling and found the
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plaintiff’s suit was timely in light of the preceding events. Id. at 3-4.
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Finding no material difference in the underlying facts, see ECF No. 1 at ¶¶
6-18, the Court finds equitable tolling applies to Plaintiff’s claim here for the
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reasons discussed in Abeyta, 2018 WL 327283, as Plaintiff has demonstrated both
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diligence in filing suit in a timely manner, albeit in the wrong court, and Plaintiff
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only filed suit in the wrong court as a result of the contemporary view of the law
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on jurisdiction supported by longstanding judicial precedent in Montana – i.e. the
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external force – even though that judicial precedent was ultimately reversed.1 As
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limitations began running on November 30, 2017, when notice of the order of
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dismissal was served because this was the date the “dismissal was fully
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finalized[,]” so Plaintiff’s claim would still be tardy by four days. ECF No. 16 at
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20. However, the Court finds the statute of limitations does not restart until the
Defendant argues that, even if equitable tolling applies, the statute of
ORDER DENYING DEFENDANT’S
MOTION FOR SUMMARY JUDGMENT ~ 4
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such, Plaintiff’s claim is not barred by the three-year FELA statute of limitations
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and Defendant’s Motion must be denied.
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ACCORDINGLY, IT IS HEREBY ORDERED:
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Defendant’s Motion for Summary Judgment (ECF No. 16) is DENIED.
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The District Court Executive is directed to enter this Order and furnish
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copies to counsel.
DATED July 17, 2018.
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THOMAS O. RICE
Chief United States District Judge
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time for appeal runs on the dismissal order, which would be December 30, 2017.
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Plaintiff’s complaint, filed December 11, 2017, is thus timely.
ORDER DENYING DEFENDANT’S
MOTION FOR SUMMARY JUDGMENT ~ 5
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