Commuter Ops

Case: 1:19-cv-07957 Document #: 67-1 Filed: 10/12/20 Page 17 of 19 PageID #:1037 1035267\306786535.v1 PRAYER FOR RELIEF WHEREFORE, Defendant/Counter-Plaintiff, the Commuter Rail Division of the Regional Transportation Authority, respectfully requests the Court to enter judgment in its favor, and against Plaintiff/Counter-Defendant, Union Pacific Railroad Company, as follows: A. Declaring that Union Pacific, upon expiration of the PSA, will have a federal common carrier obligation to provide commuter rail service on the UP Lines. B. Declaring that, in the event the Court finds that Union Pacific does not owe a federal passenger common carrier obligation on the UP Lines, federal law does not preempt Illinois law. C. Declaring that the services identified in Union Pacific’s September 14, 2020 letter are “Public Transportation Services” within the meaning of the PSA. D. Declaring that Union Pacific is required to perform the services identified in Union Pacific’s September 14, 2020 letter for so long as its passenger common carrier obligation continues. E. Declaring that the 1978 Grant Agreement, 1981 Grant Agreement, 1983 Grant Agreement, require Union Pacific to continue operating commuter service on the UP Lines, if a purchase of service agreement is in effect, then during the useful life of the improvements under each such grant agreements, respectively, and if a purchase of service agreement was not in effect, then until such time as a regulatory agency of competent jurisdiction authorized the discontinuance of such commuter service. F. Declaring that the 2017 Grant Agreement requires Union Pacific to continue operating commuter service on the subject UP Lines for the useful life of the improvements. G. Permanently enjoining Union Pacific from ceasing to operate and maintain commuter service on the UP Lines based on its passenger common carrier obligation. H. Permanently enjoining Union Pacific from ceasing to operate and maintain commuter service on the UP Lines based on the 1978, 1981 and 1983 grant agreements through the expiration of the useful life of the improvements while the PSA remains in effect, and if the PSA expires, then until such time as the regulatory agency with jurisdiction authorizes the discontinuance of such commuter service. I. Permanently enjoining Union Pacific from ceasing to operate and maintain commuter service on the UP Lines until the expiration of the useful life of the improvements under the 2017 Grant Agreement. J. Granting such other and further relief as the Court deems appropriate. Respectfully submitted, The Commuter Rail Division of the Regional Transportation Authority