Bradford v. Union Pacific Railroad

MEMORANDUM OPINION

BARNES, District Judge.

Before the Court is a Motion to Dismiss Plaintiffs’ Fourth Amended Complaint Pursuant to Fed.R.Civ.P. 12(b)(6), filed on behalf of Defendant Union Pacific Railroad Company (“Union Pacific”). (Doc. 48). Union Pacific seeks dismissal of Plaintiffs’ claims en toto based on preemption by federal regulations. Plaintiffs have responded. (Doc. 67). Union Pacific has replied to Plaintiffs’ response. (Doc. 71). The Court held a hearing on the Motion to Dismiss on January 5, 2007. (Doc. 98). The matter is ripe for consideration.

I. BACKGROUND

Just before 5:00…