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13-358 - Madden et al v. Union Pacific Railroad Company

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13-358 - Madden et al v. Union Pacific Railroad Company
February 11, 2014
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MEMORANDUM DECISION AND ORDER. Plaintiffs' Motion to Remand 9 is GRANTED in part and DENIED in part. The Court will GRANT the motion to remand to the extent plaintiffs seek to pursue this action in state court. This case is remanded to the District Court for the First Judicial District of the State of Idaho. Plaintiff's request for attorneys' fees associated with the motion to remand, however, is DENIED. Defendants' Motion to Strike 15 is denied as MOOT. Defendants' Motion to Strike 19 is denied as MOOT to the extent it seeks to strike plaintiffs' response to defendants' first-filed motion to strike. This Motion to Strike is GRANTED to the extent the Court has declined to consider the reply memorandum filed on 10/23/2013. Finally, the Court will DENY Union Pacific's request for attorneys' fees relative to this motion to strike. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)