York v. Union Pacific Railroad Company - Document 46

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION WILLIS ALLEN YORK Vs. UNION PACIFIC RAILROAD COMPANY § § § CIVIL ACTION NO. 9:07CV169 ORDER Plaintiff Willis Allen York filed the above-styled lawsuit on July 30, 2007, in the Eastern District of Texas, Lufkin Division. The matter was referred to the undersigned to conduct pretrial proceedings in accordance with 28 U.S.C. § 636. On February 13, 2008, the undersigned issued an Order granting Defendant's Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a). The following day, the Fifth Circuit granted a petition for rehearing en banc regarding the decision of In re Volkswagen, 506 F.3d 376 (5th Cir. 2007), vacated its previous opinion and judgment and stayed the mandate. See In re Volkswagen, No. 07-40058 (5th Cir. Feb. 14, 2008) (order granting petition). The undersigned relies heavily on the Volkswagen decision in the Order granting a transfer. As a result, the case should be stayed pending the en banc decision of the Fifth Circuit in Volkswagen. The Clerk's office has not yet transferred this case because a Motion for Reconsideration was filed on February 22, 2008. In light of the foregoing, it is hereby Page 1 of 2 N:\Civil\Referrals\York - Order to Stay.wpd  ORDERED that the above-styled case, including the Order to Transfer, is STAYED, pending the en banc decision of the Fifth Circuit in the matter of In Re Volkswagen. So ORDERED and SIGNED this 25 day of February, 2008. ____________________________ JUDITH K. GUTHRIE UNITED STATES MAGISTRATE JUDGE N:\Civil\Referrals\York - Order to Stay.wpd Page 2 of 2