Smith v. Union Pacific Railroad

MEMORANDUM: OPINION AND ORDER

KANE, Senior District Judge.

Plaintiff Yoaman Smith seeks entry of a protective order or preliminary injunction to prevent Union Pacific (UP) from requiring him to attend a “back-to-work” physical examination by UP doctors or from disciplining him pursuant to the parties’ collective bargaining agreement for failing to do so. In the alternative, Smith seeks an order in limine precluding UP from offering the results of either proceeding as evidence in the pending trial of Smith’s FELA claims. Smith contends UP is “seizing” an opportunity to discharge him for failing…