Bernal v. Southern Pacific Transportation Co.

MEMORANDUM AND ORDER

DAMRELL, District Judge.

Plaintiff Tim Bernal applies to this court, ex parte, for issuance of a Temporary Re*372straining Order or alternatively, a Protective Order, prohibiting defendants Southern Pacific Transportation Company and its successor in interest Union Pacific Railroad (hereinafter “SP/UP”) from taking disciplinary action against him for failing to respond to ex parte written inquiries regarding his medical condition. Plaintiff also requests an award of attorney’s fees, asserting that SP/ UP’s opposition to his motion is without substantial justification. SP/UP…