Douglas v. National Railroad Passenger Corporation

Filing 39

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S 27 MOTION FOR SUMMARY JUDGMENT AND TO SHOW CAUSE by March 2, 2020, signed by Judge Benjamin H. Settle. (GMR)

1
2
3
4
5
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

6
7
8

CASE NO. C18-5451 BHS

MEGAN DOUGLAS,
Plaintiff,

9
10

v.
NATIONAL RAILROAD PASSENGER
CORPORATION d/b/a AMTRAK,

11

ORDER GRANTING IN PART
AND DENYING IN PART
DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT AND TO
SHOW CAUSE

Defendant.
12
13
14
15
16
17
18
19
20

This matter comes before the Court on Defendant National Railroad Passenger
Corporation d/b/a Amtrak’s (“Amtrak”) motion for summary judgment on punitive
damages and consumer protection act (“CPA”) claim. Dkt. 27.
On October 31, 2019, Amtrak filed the instant motion. Id. On November 18,
2019, Plaintiff Megan Douglas responded. Dkt. 30. On November 22, 2019, Amtrak
replied. Dkt. 33.
Upon review of the motion, the Court grants the motion in part and denies the
motion in part on the same grounds and for the same reasons set forth in Mitchem v. Nat’l

21
22

ORDER - 1

1

R.R. Passenger Corp., C18-5366-BHS, 2020 WL 91490 (W.D. Wash. Jan. 8, 2020) and

2

related cases cited therein.

3

Regarding the remaining CPA claim, the Court will allow any party to show cause

4

why the claim should not be severed and opened in a new case as was done in the related

5

case of Cottrell v. Nat’l R.R. Passenger Corp., C18-0072-BHS, Dkt. 53 (W.D. Wash.

6

Feb. 26, 2020). Any response may be filed no later than March 2, 2020.

7

IT IS SO ORDERED.

8

Dated this 27th day of February, 2020.

A

9
10

BENJAMIN H. SETTLE
United States District Judge

11
12
13
14
15
16
17
18
19
20
21
22

ORDER - 2