07/22/20 UP just filed with the STB and Federal court. 1. Union Pacific is providing notice to the Court about the STB filings... 2...have advised this Court that those ongoing negotiations are being conducted “with the goal of avoiding any disruption to commuter service.”... 3.Union Pacific’s motion asks the STB to suspend proceedings... 4.Court’s jurisdiction over the common carrier question based on the primary jurisdiction doctrine... 5. ...The common carrier question raised ... the parties’ dispute involves strictly legal matters within the conventional experience of federal judges, not policy or technical considerations within the special competence of the STB... Discovery is set to close in this case on August 21, and the parties jointly have advised the court that resolution of the common carrier question...
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It's not who files first, but who has the best supporting evidence for there side of the argument. UP letter to STB Mr. Brown 2nd paragraph UP motion to the STB and Court, means UP has filed in both venues. Just as Metra has done.