|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|BRAMPTON ENTERPRISES, LLC D/B/A SAVANNAH RE-LOAD V. NORFOLK SOUTHERN RAILWAY COMPANY|
|Director Of Proceedings|
|DECISION GRANTED THE MOTION OF BRAMPTION ENTERPRISES, LLC, D/B/A SAVANNAH RE-LOAD TO DISMISS ITS COMPLAINT WITHOUT PREJUDICES AND DISCONTINUE THIS PROCEEDING.|
| 11 KB|
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|Full Text of Decision|
41914 SERVICE DATE – SEPTEMBER 29, 2011
SURFACE TRANSPORTATION BOARD
Docket No. NOR 42118
BRAMPTON ENTERPRISES, LLC D/B/A SAVANNAH RE-LOAD v. NORFOLK SOUTHERN RAILWAY COMPANY
Decided: September 28, 2011
This decision grants the motion of Brampton Enterprises, LLC, d/b/a Savannah Re-Load (Brampton) to dismiss its complaint without prejudice and discontinue this proceeding.
On March 29, 2010, Brampton filed a complaint against Norfolk Southern Railway Company (NSR), alleging that provisions of NSR’s Tariff NS 6004-B constitute unreasonable practices in violation of 49 U.S.C. § 10702(2). NSR moved to dismiss the complaint. By decision served on March 16, 2011, the Board denied NSR’s motion and ordered the parties to propose a joint procedural schedule by April 4, 2011. By decisions served on April 12, 2011, June 7, 2011, August 3, 2011, and August 18, 2011, the proceeding was held in abeyance in order for the parties to discuss issues in the case and exchange information on a voluntary basis. By September 15, 2011, the parties were directed to inform the Board regarding any progress made in their discussions and to file a proposed procedural schedule pursuant to 49 C.F.R. § 1111.10(a).
On September 20, 2011,
Brampton filed a motion requesting that the Board dismiss its complaint without
prejudice. Brampton states that it has
reached an agreement with NSR that will satisfy Brampton’s complaint pursuant
to 49 C.F.R. § 1111.6 and fully release NSR from Brampton’s claims. Accordingly, the motion to dismiss will be
granted, and this proceeding will be discontinued.
It is ordered:
1. The complaint is dismissed without prejudice, and this proceeding is discontinued.
2. This decision is effective on its service date.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.