BNSF Railway Company v. Esau

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION

BNSF RAILWAY COMPANY, a Delaware corporation, CV-23-43-H-BMM Plaintiff, ORDER v. JOHN ELIZANDRO, in his official capacity as acting Commissioner of the Montana Department of Labor and Industry, Defendant.

Plaintiff BNSF Railway Company (“BNSF”) named the Montana Department of Labor and Industry (“Department”) in its Complaint for Declaratory Judgment and Injunctive Relief. (Doc. 1.) The Department moves to dismiss BNSF’s claims for relief as against the Department. (Doc. 13.) The Department invokes Eleventh Amendment sovereign immunity. (Doc. 15.)

While a State may waive its immunity, “[g]enerally, States are immune from suit under the terms of the Eleventh Amendment and the doctrine of sovereign immunity.” Whole Woman's Health v. Jackson, 595 U.S. 30, 39 (2021). This immunity applies to state agencies. See Eaglesmith v. Ward, 73 F.3d 857, 859 (9th Cir. 1995), as amended (Jan. 23, 1996) (applying five-factor test). BNSF does not contest that the Department is a state agency entitled to sovereign immunity from this suit. BNSF does not object to dismissal of the Department from the action. (Doc. 16.)

Accordingly, IT IS ORDERED that the Department’s Motion to Dismiss Complaint (Doc. 13) is GRANTED.

The caption is modified as reflected above.

DATED this 6" day of October, 2023.

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Brian Morris, Chief District Judge United States District Court