At & T Communications, Inc. v. Consolidated Rail Corp.

MEMORANDUM OPINION AND ORDER

RUFE, District Judge.

Presently before the Court are (1) Defendant’s Partial Motion to Dismiss for Lack of Subject Matter Jurisdiction, or, in the Alternative, for Partial Referral to the Surface Transportation Board, and for a Stay Pending Resolution by the Surface Transportation Board; and (2) Defendant’s Motion for a Protective Order. For the reasons set out below, the Court will deny the motion to dismiss; grant the motion to refer; grant in part and deny in part the motion for a stay; and deny the motion for a protective order.

I. BACKGROUND

Plaintiff in this…