Olberding v. Union Pacific Railroad

ORDER

GAITAN, District Judge.

Currently pending before the Court is Plaintiffs Motion to Remand (Doc.# 5) and Plaintiffs Motion for Leave to File Amended Complaint (Doc. # 22).

I.BACKGROUND

The present suit was removed to this Court from the Circuit Court of Jackson County, Missouri, on January 13, 2006. Defendant removed the case on the basis of 28 U.S.C. § 1331 and § 1441, because it alleged that the claims in plaintiffs petition were completely preempted by the Federal Railroad Safety Act, 49 U.S.C. § 20101 et seq. and the Locomotive Inspection Act, 49 U.S.C. § 20701 et seq. Defendant argues…