Free Motion to Vacate - District Court of Colorado - Colorado

Case 1:01-cv-02531-JLK

Document 45-4

Filed 12/19/2006

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:01-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 General Committee of Adjustment GO-245 of the United Transportation Union, pursuant to Rule 60(b)(6), Fed. R. Civ. P., to vacate the Order of Dismissal, dated April 10, 2006, and to reinstate the Order this Court entered on June 28, 2005, compelling arbitration, and it appearing to this Court the repudiation by defendants BNSF Railway Company and the United Transportation Union of the settlement agreements that were the basis for the dismissal of the case constitute extraordinary circumstances which justify granting plaintiff relief from the Order of Dismissal, it is this _______ day of _________, 200__, 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

Case 1:01-cv-02531-JLK

Document 45-4

Filed 12/19/2006

Page 2 of 2

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 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 __th day of _________, 200__. BY THE COURT:

____________________________ John L. Kane, SENIOR JUDGE UNITED STATES DISTRICT COURT

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