Free Order on Motion to Vacate - District Court of Colorado - Colorado

Case 1:01-cv-02531-JLK

Document 47

Filed 01/02/2007

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-2531-JLK GENERAL COMMITTEE OF ADJUSTMENT GO-245 OF THE UNITED TRANSPORTATION UNION, Plaintiff, v.

BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, et al., Defendants. ________________________________________________________________________ ORDER ________________________________________________________________________ Upon consideration of the Unopposed Motion by Plaintiff to Vacate the Order of Dismissal (doc. #45), filed December 19, 2006, it is ORDERED, that the Order of Dismissal, entered on April 10, 2006, is hereby VACATED; it is FURTHERED ORDERED, that the Order of this Court entered on June 28, 2005, is REINSTATED and, pursuant to that Order, defendant General Committee of Adjustment GO-009 of the United Transportation Union is directed to participate in the appropriate Railway Labor Act adjustment board proceeding to resolve the dispute between it, plaintiff GO-245 and defendant BNSF Railway Company regarding the meaning and application of Article 50 of the Consolidated Yard Schedule; and it is

Case 1:01-cv-02531-JLK

Document 47

Filed 01/02/2007

Page 2 of 2

FURTHER ORDERED, that this action is STAYED and ADMINISTRATIVELY CLOSED until such time as the adjustment board has ruled in this dispute or one or more of the parties shows good cause that this action should be reopened. The parties shall promptly inform this court when the adjustment board issues its decision. Dated this 2nd day of January, 2007. BY THE COURT: s/John L. Kane John L. Kane, SENIOR JUDGE UNITED STATES DISTRICT COURT