Civil Case No. 07-cv-01229-REB-KMT.
June 18, 2008
ORDER GRANTING DEFENDANT BNSF RAILWAY COMPANY'S MOTION TO DISMISS UNDER F.R.C.P. 12(b)(1) AND 12(c)
The matter before me is Defendant BNSF Railway Company's Motion To Dismiss Under F.R.C.P. 12(b)(1) and 12(c) and Brief in Support [#30], filed April 3, 2008. I grant the motion.
Defendant moves to dismiss plaintiff's claims for failure to exhaust administrative remedies. I previously granted relief under Fed.R.Civ.P. 12(b)(1) to defendants United Transportation Union and United Transportation Union General Committee of Adjustment GO-386 on this very basis. ( See Order Granting Motion To Dismiss [#29], entered February 22, 2008.) Plaintiff has presented no new evidence or argument to suggest that my previous determination as to these matters was in error. I find the same legal principles, authorities, and arguments to be equally persuasive here. THEREFORE, IT IS ORDERED as follows:
In response to defendant's motion, plaintiff asserts that he "has stated [his] position in previous Responses concerning this action and Plaintiff wishes [the] court to consider them also in this Motion." (Response to Defendant's Motion To Dismiss Under FRCP 12B1 and 12C and Brief in Support [#33], filed May 21, 2008.)
1. That Defendant BNSF Railway Company's Motion To Dismiss Under F.R.C.P. 12(b)(1) and 12(c) and Brief in Support [#30], filed April 3, 2008, is GRANTED; and
2. That plaintiff's claims against defendant Burlington Northern Santa Fe Corporation are DISMISSED WITHOUT PREJUDICE for failure to exhaust administrative remedies.