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The Redevelopment Agency of v. Burlington Northern and Santa Fe Railway Corporation

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 7, 2011

THE REDEVELOPMENT AGENCY OF
THE CITY OF STOCKTON, A PUBLIC BODY, CORPORATE AND POLITIC,
PLAINTIFF,
v.
BURLINGTON NORTHERN AND SANTA FE RAILWAY CORPORATION;
UNION PACIFIC RAILROAD COMPANY; ANDDOES 1 THROUGH 100,
DEFENDANTS.

The opinion of the court was delivered by: Judge: Hon. John A. Mendez

Date: December 7, 2011 Time: 9:30 a.m. 17 Location: Courtroom 6

ORDER RE: DEFENDANTS' NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT AND RELATED COUNTERCLAIMS 21 22

The motion for summary judgment of Defendants BNSF RAILWAY COMPANY and UNION PACIFIC RAILROAD COMPANY ("the Railroads") came on regularly for hearing on 24 December 7, 2011 at 9:30 a.m. in Courtroom 6 of the United States District Court for the Eastern District of California, Sacramento Division, before the Honorable John A. Mendez. Plaintiff was 26 represented by the law firm of Brown & Winters. Defendants were represented by the law firm 27 of Barg Coffin Lewis & Trapp, LLP.

Having considered the moving, opposition, and reply papers, the admissible evidence, and the arguments of counsel, the Court finds, based on the undisputed material facts, that the Railroads are entitled to summary judgment. The decision of the Ninth Circuit Court of Appeals 3 in Redevelopment Agency of the City of Stockton v. BNSF Ry. Co., 643 F.3d 668 (9th Cir. 2011), 4 and this Court's judgment following remand in that case (No. 2:05-CV-02087-DFL-JFM) are 5 dispositive of all claims for relief asserted by plaintiff in the instant action. Moreover, the 6 doctrine of collateral estoppel applies to preclude plaintiff from re-litigating the issues decided in 7 that prior decision and judgment.

ACCORDINGLY, IT IS HEREBY ORDERED that the Railroads' motion for summary judgment is GRANTED. 10 11

HON. JOHN A. MENDEZ United States District Judge

20111207

© 1992-2011 VersusLaw Inc.



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