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P.I.: Other | Massachusetts
Notice of Scheduling Conference
NOTICE of Scheduling Conference:
Scheduling Conference set for 10/8/2026 03:00 PM in Courtroom 8 (In person only) before District Judge Angel Kelley. The parties shall submit a joint proposed scheduling order within seven days of the hearing. (MAL)
Memorandum & Order
District Judge Angel Kelley: ORDER entered. MEMORANDUM AND ORDER. For the foregoing reasons, Defendants’ [Dkt. 42] Motion to Dismiss is GRANTED IN PART and DENIED IN PART. Counts 1, 2, 4, 5, and 9 are dismissed in their entirety. Counts 10 and 13 are dismissed to the extent they allege negligence and gross negligence against PAR and CSXT and survive to the extent they allege willful, wanton, and reckless conduct against PAR and CSXT. Counts 7, 8, 11, and 12 are also dismissed to the extent they allege vicarious liability against PAR and CSXT based on underlying tort claims of negligence and gross negligence and survive to the extent they allege vicarious liability based on underlying tort claims of willful, wanton, and reckless conduct. Counts 3 and 6 survive in their entirety. SO ORDERED.(CEH)
For the foregoing reasons, Defendants’ [Dkt. 42] Motion to Dismiss is GRANTED IN PART and DENIED IN PART. Counts 1, 2, 4, 5, and 9 are dismissed in their entirety. Counts 10 and 13 are dismissed to the extent they allege negligence and gross negligence against PAR and CSXT and survive to the extent they allege willful, wanton, and reckless conduct against PAR and CSXT. Counts 7, 8, 11, and 12 are also dismissed to the extent they allege vicarious liability against PAR and CSXT based on underlying tort claims of negligence and gross negligence and survive to the extent they allege vicarious liability based on underlying tort claims of willful, wanton, and reckless conduct. Counts 3 and 6 survive in their entirety.
SO ORDERED.
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