Try our Advanced Search for more refined results
Searching dockets in Surface Transportation Board x
Alert me of new activity
All Case Activity Alerts Include: Answers, Appeals, Complaints, Motions, Orders, Trial Notes
Other Statutory Actions | District Of Columbia
Status Report
Joint STATUS REPORT by ROBERT E. PRIMUS. (Attachments: # 1 Proposed Order)(Liao, Cynthia)
Order on Motion to Dismiss
MINUTE ORDER. The plaintiff's 15 Amended Complaint challenges his removal from his position as a member of the Surface Transportation Board. Count I of the Amended Complaint alleges that the plaintiff's removal violated the Surface Transportation Board Reauthorization Act of 2015. Count II of the Amended Complaint alleges that his removal violated the Fifth Amendment's Due Process Clause.On January 7, 2026, the parties filed a 17 Joint Proposed Briefing Schedule, in which they asked the Court to stay proceedings as to Count I of the Amended Complaint while the Supreme Court considered Trump v. Slaughter, No. 25-332, but proceed with dispositive briefing as to Count II. On January 8, 2026, the Court construed the filing as both a proposed briefing schedule and a partial motion to stay and granted the motion. January 8, 2026 Minute Order. The defendants subsequently filed a 19 Motion to Dismiss Count II. That motion is now fully briefed.The Court cannot rule on the defendants' pending 19 Motion to Dismiss Count II without considering the Supreme Court's recent opinion in Trump v. Slaughter, issued after briefing was completed, and the parties' views regarding the impact of that decision on the plaintiff's claim under the Due Process Clause. At the same time, the issuance of Slaughter has ended this Court's stay of proceedings on Count I and will likely lead to another dispositive motion by the defendants. The Court concludes that considerations of judicial economy counsel against parallel supplemental briefing as to Count II and separate dispositive briefing as to Count I. Accordingly, it is ORDERED that the defendants' 19 Motion to Dismiss Count II is DENIED without prejudice. It is further ORDERED that the parties shall file, on or before July 2, 2026, a joint status report that proposes a schedule to govern dispositive briefing on both counts of the 15 Amended Complaint. So Ordered by Judge Dabney L. Friedrich on June 29, 2026. (lcdlf1)
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
TRY LAW360 FREE FOR SEVEN DAYS
Already a subscriber? Click here to login
Email (NOTE: Free email domains not supported)
First Name
Last Name
Job Title
PLEASE NOTE: A verification email will be sent to your address before you can access your trial.
Password (at least 8 characters required)
Confirm Password
Law360 may contact you in your professional capacity with information about our other products, services and events that we believe may be of interest.You’ll be able to update your communication preferences via the unsubscribe link provided within our communications.We take your privacy seriously. Please see our Privacy Policy.