Ward v. National Railroad Passenger Corporation

UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT TACOMA ANGELA D. WARD and KENNETH CASE NO. C18-5498 BHS M. WARD, individually and as Joint Guardians to N.W. and A.W., their ORDER GRANTING IN PART minor children, AND DENYING IN PART DEFENDANT’S MOTION FOR 10 Plaintiffs, SUMMARY JUDGMENT AND TO v. SHOW CAUSE NATIONAL RAILROAD PASSENGER CORPORATION d/b/a AMTRAK, 13 Defendant.

This matter comes before the Court on Defendant National Railroad Passenger Corporation d/b/a Amtrak’s (“Amtrak”) motion for summary judgment on punitive damages and Consumer Protection Act (“CPA”) claim. Dkt. 14.

On October 30, 2019, Amtrak filed the instant motion. Id. On November 18, 2019, Plaintiffs Angela and Kenneth Ward, A.W., and N.W. (“Plaintiffs”) responded.

Dkt. 17. On November 22, 2019, Amtrak replied. Dkt. 20.

Upon review of the motion, the Court grants the motion in part and denies the motion in part on the same grounds and for the same reasons set forth in Mitchem v. Nat’l R.R. Passenger Corp., C18-5366-BHS, 2020 WL 91490 (W.D. Wash. Jan. 8, 2020) and related cases cited therein.

3 Regarding the remaining CPA claim, the Court will allow any party to show cause why the claim should not be severed and opened in a new case as was done in the related case of Cottrell v. Nat’l R.R. Passenger Corp., C18-0072-BHS, Dkt. 53 (W.D. Wash. Feb. 26, 2020). Any response may be filed no later than March 6, 2020.

7 IT IS SO ORDERED.

8 Dated this 27th day of February, 2020.

A BENJAMIN H. SETTLE United States District Judge