Case: Hall v. BNSF Railway

2:13-cv-02160 | U.S. District Court for the Western District of Washington

Filed Date: Dec. 3, 2013

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On December 3, 2013, plaintiffs, two employees of BNSF Railway Company who were married to same-sex spouses, filed this lawsuit in the U.S. District Court in the Western District of Washington against the BNSF Railway Company under the federal Equal Pay Act, 29 USC §206(d)(1), §216, and related sections. The plaintiffs, represented by private counsel, sought declaratory and injunctive relief. Specifically, they asked the court to declare that BNSF must pay company spousal benefits, regardless …

On December 3, 2013, plaintiffs, two employees of BNSF Railway Company who were married to same-sex spouses, filed this lawsuit in the U.S. District Court in the Western District of Washington against the BNSF Railway Company under the federal Equal Pay Act, 29 USC §206(d)(1), §216, and related sections. The plaintiffs, represented by private counsel, sought declaratory and injunctive relief. Specifically, they asked the court to declare that BNSF must pay company spousal benefits, regardless of the BNSF employee's sex or sexual orientation, and to enjoin the defendant from continuing its benefit discrimination and denial of plan benefits. The plaintiffs also asked for compensatory damages for the benefits they should have received thus far. Later, in an amended complaint, plaintiffs added causes of action under Title VII, ERISA, and a state anti-discrimination statute, all of which stemmed from the same denial of benefits.

The case arose from BNSF's definition of marriage. Plaintiffs were residents of and legally married in Washington State. BNSF, however, defined marriage as between a man and a woman. As a result, the firm denied benefits to plaintiffs' same-sex spouses, which led to the lawsuit.

On September 22, 2014, the District Court for the Western District of Washington (Judge Ricardo S. Martinez), dismissed the ERISA claim for lack of jurisdiction and allowed the remaining claims to continue, by granting in part and denying in part the defendant's motion to dismiss.

On February 24, 2015, the Court (Judge Ricardo S. Martinez), dismissed the case pursuant to the parties' joint stipulation of dismissal. Prior to settling, BNSF had voluntarily started providing benefit coverage for same-sex spouses, including the plaintiffs' spouses.

Summary Authors

Megan Dolan (8/7/2014)

David Hamstra (3/22/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5268428/parties/hall-v-bnsf-railway-company/


Judge(s)

Martinez, Ricardo S. (Washington)

Attorney for Plaintiff

Gogal, LisaLou (Washington)

Attorney for Defendant

Findley, Elizabeth A. (Washington)

Expert/Monitor/Master/Other

Borelli, Tara Lynn (California)

Divine, Jennifer S (California)

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Documents in the Clearinghouse

Document

2:13-cv-02160

Docket [PACER]

Hall v. BNSF Railway Company

Feb. 25, 2015

Feb. 25, 2015

Docket
1

2:13-cv-02160

Individual and Collective Complaint for Nonpayment of Wages Under Equal Pay Act

Hall v. BNSF Railway Company

Dec. 3, 2013

Dec. 3, 2013

Complaint
8

2:13-cv-02160

First Amended Individual and Collective Complaint for Nonpayment of Wages Under Equal Pay Act, State and Federal Discrimination Claims and ERISA Benefits and Declaratory Judgment Claims

Hall v. BNSF Railway Company

March 26, 2014

March 26, 2014

Complaint
37

2:13-cv-02160

Order Denying In Part And Granting In Part Defendant's Motion to Dismiss

Sept. 22, 2014

Sept. 22, 2014

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5268428/hall-v-bnsf-railway-company/

Last updated Feb. 23, 2024, 4:23 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR NONPAYMENT OF WAGES UNDER EQUAL PAY ACT against defendant(s) All Defendants (Receipt # 0981-3434097) Attorney Cleveland Stockmeyer added to party Amie Garrand(pty:pla), Attorney Cleveland Stockmeyer added to party Carol Garrand(pty:pla), Attorney Cleveland Stockmeyer added to party Michael Hall(pty:pla), Attorney Cleveland Stockmeyer added to party Elijah Uber(pty:pla), filed by Michael Hall, Amie Garrand, Elijah Uber, Carol Garrand. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Summons, # 4 Summons, # 5 Summons)(Stockmeyer, Cleveland) (Entered: 12/03/2013)

1 Civil Cover Sheet

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2 Exhibit

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3 Summons

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4 Summons

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5 Summons

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Dec. 3, 2013

Dec. 3, 2013

PACER

Judge Ricardo S Martinez added. (PM)

Dec. 4, 2013

Dec. 4, 2013

PACER

NOTICE to Filer: JURY DEMAND:Pursuant to LCR 38(b) the words JURY DEMAND shall be typed in capital letters on the first page immediately below the name of the pleading to the right of the name of the cause. The Clerk has removed plaintiff's jury demand flag entered by counsel upon case opening. Counsel must now file a separate Jury Demand in order to advise the court of this request. Thank you. (PM)

Dec. 4, 2013

Dec. 4, 2013

PACER

NOTICE to Filer:SUMMONS FORM INCOMPLETE ATTORNEY ADDRESS BLOCK LEFT BLANK:There is no address listed in the block for counsel. Please re-post your corrected summons(es) using the event Praecipe For A Summons under Other Documents. All summons(es) should be posted under this one event. Thank you. (PM)

Dec. 4, 2013

Dec. 4, 2013

PACER
2

PRAECIPE TO ISSUE SUMMONS by Plaintiffs Amie Garrand, Carol Garrand, Michael Hall, Elijah Uber. (Stockmeyer, Cleveland) (Entered: 12/04/2013)

Dec. 4, 2013

Dec. 4, 2013

PACER
3

Summons issued electronically as to defendant BNSF Railway Company c/o The Corporation Trust Compant. (Attachments: # 1 Summons - BNSF Railway Co, NW Division, Seattle, # 2 Summons - BNSF Railway Co., Seattle)(PM) (Entered: 12/04/2013)

1 Summons - BNSF Railway Co, NW Division, Seattle

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2 Summons - BNSF Railway Co., Seattle

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Dec. 4, 2013

Dec. 4, 2013

PACER
4

Summons reissued as to defendant BNSF Railway Company c/o The Corporation Trust Company (PM) (Entered: 12/04/2013)

Dec. 4, 2013

Dec. 4, 2013

PACER
5

NOTICE of Unavailability of counsel Cleveland Stockmeyer for Plaintiffs Amie Garrand, Carol Garrand, Michael Hall, Elijah Uber from April 14 2014 to April 24 2014. (Stockmeyer, Cleveland) (Entered: 03/03/2014)

March 3, 2014

March 3, 2014

PACER
6

PRAECIPE TO ISSUE SUMMONS by Plaintiffs Amie Garrand, Carol Garrand, Michael Hall, Elijah Uber. (Attachments: # 1 Summons)(Turner, Duncan) (Entered: 03/13/2014)

1 Summons

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March 13, 2014

March 13, 2014

PACER
7

Summons electronically issued as to defendant(s) BNSF Railway Company. (CL) (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

PACER
8

AMENDED COMPLAINT against defendant(s) All Defendants, filed by Michael Hall, Amie Garrand, Elijah Uber, Carol Garrand. (Attachments: # 1 Exhibit)(Stockmeyer, Cleveland) (Entered: 03/26/2014)

1 Exhibit

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March 26, 2014

March 26, 2014

PACER
9

NOTICE of Appearance by attorney Jeremy H Rogers on behalf of Defendant BNSF Railway Company. (Rogers, Jeremy) (Entered: 04/02/2014)

April 2, 2014

April 2, 2014

PACER
10

APPLICATION OF ATTORNEY Donald J. Munro FOR LEAVE TO APPEAR PRO HAC VICE for Defendant BNSF Railway Company (Fee Paid) Receipt No. 0981-3558804. (Rogers, Jeremy) (Entered: 04/02/2014)

April 2, 2014

April 2, 2014

PACER
11

CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent National Indemnity Company, Corporate Parent Burlington Northern Santa Fe, LLC, Corporate Parent Berkshire Hathaway Inc. for BNSF Railway Company. Filed pursuant to Fed.R.Civ.P 7.1. Filed by BNSF Railway Company. (Rogers, Jeremy) (Entered: 04/02/2014)

April 2, 2014

April 2, 2014

PACER
12

ORDER re 10 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Donald Munro for BNSF Railway Company, by William M. McCool. (No document associated with this docket entry, text only.)(DS) (Entered: 04/02/2014)

April 2, 2014

April 2, 2014

PACER
13

STIPULATION AND PROPOSED ORDER Extending Deadline for BNSF to File Answer by parties. (Rogers, Jeremy) (Entered: 04/10/2014)

April 10, 2014

April 10, 2014

PACER
14

STIPULATION AND ORDER extending deadline for BNSF to file answer by Judge Ricardo S Martinez. (RS) (Entered: 04/14/2014)

April 14, 2014

April 14, 2014

PACER
15

NOTICE of Change of Address/Change of Name of Attorney Duncan Calvert Turner. Filed by Plaintiffs Amie Garrand, Carol Garrand, Michael Hall, Elijah Uber. (Turner, Duncan) Modified Firm Address of Duncan Calvert on 4/25/2014 (DS). (Entered: 04/22/2014)

April 22, 2014

April 22, 2014

PACER
16

MOTION to Dismiss by Defendant BNSF Railway Company. (Attachments: # 1 Proposed Order) Noting Date 5/23/2014, (Rogers, Jeremy) (Entered: 04/30/2014)

1 Proposed Order

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April 30, 2014

April 30, 2014

PACER
17

DECLARATION of A. Kenneth Gradia filed by Defendant BNSF Railway Company re 16 MOTION to Dismiss (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Rogers, Jeremy) (Entered: 04/30/2014)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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April 30, 2014

April 30, 2014

PACER
18

STIPULATION AND PROPOSED ORDER RE EXTENDING NOTING DATE OF BNSF MOTION TO DISMISS by parties. (Stockmeyer, Cleveland) (Entered: 05/02/2014)

May 2, 2014

May 2, 2014

PACER
19

STIPULATION AND ORDER RE-NOTING 16 MOTION to Dismiss ; Noting Date 6/6/2014, by Judge Ricardo S Martinez. (RS) (Entered: 05/06/2014)

May 6, 2014

May 6, 2014

PACER
20

RESPONSE, by Plaintiffs Amie Garrand, Carol Garrand, Michael Hall, Elijah Uber, to 16 MOTION to Dismiss . Oral Argument Requested. (Stockmeyer, Cleveland) (Entered: 06/02/2014)

June 2, 2014

June 2, 2014

PACER
21

MOTION for Extension of Time by Defendant BNSF Railway Company. (Attachments: # 1 Proposed Order) Noting Date 6/4/2014, (Rogers, Jeremy) (Entered: 06/04/2014)

1 Proposed Order

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June 4, 2014

June 4, 2014

PACER
22

DECLARATION of Donald J. Munro filed by Defendant BNSF Railway Company re 21 MOTION for Extension of Time (Rogers, Jeremy) (Entered: 06/04/2014)

June 4, 2014

June 4, 2014

PACER
23

PROPOSED ORDER (Unsigned) re 20 Response to Motion to Dismiss. (Turner, Duncan) (Entered: 06/05/2014)

June 5, 2014

June 5, 2014

PACER
24

ORDER granting dft's 21 Motion for Extension of Time to file reply to 16 MOTION to Dismiss : by Judge Ricardo S Martinez.(RS) (Entered: 06/05/2014)

June 5, 2014

June 5, 2014

PACER
25

NOTICE of Appearance by attorney Jennifer S Divine on behalf of Amicus Lambda Legal Defense and Education Fund Inc. (Divine, Jennifer) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

PACER
26

NOTICE of Change of Address/Change of Name of Attorney Jennifer S Divine. Filed by Amicus Lambda Legal Defense and Education Fund Inc. (Divine, Jennifer) Modified Address on 6/9/2014 (DS). (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

PACER
27

APPLICATION OF ATTORNEY Jennifer C. Pizer FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Lambda Legal Defense and Education Fund Inc (Fee Paid) Receipt No. 0981-3630938. (Divine, Jennifer) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

PACER
28

APPLICATION OF ATTORNEY Gregory R. Nevins FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Lambda Legal Defense and Education Fund Inc (Fee Paid) Receipt No. 0981-3630948. (Divine, Jennifer) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

PACER
29

Unopposed MOTION for Leave to File Amicus Curiae Brief by Amicus Lambda Legal Defense and Education Fund Inc. (Attachments: # 1 Exhibit A - Proposed Amicus Brief of Lambda Legal, # 2 Exhibit B - Proposed Order) Noting Date 6/27/2014, (Borelli, Tara) (Entered: 06/06/2014)

1 Exhibit A - Proposed Amicus Brief of Lambda Legal

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2 Exhibit B - Proposed Order

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June 6, 2014

June 6, 2014

PACER
30

NOTICE of Appearance by attorney Tara Borelli on behalf of Amicus Lambda Legal Defense and Education Fund Inc. (Borelli, Tara) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

PACER
31

ORDER re 27 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jennifer C Pizer for Lambda Legal Defense and Education Fund Inc, by William M. McCool. (NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d)).(No document associated with this docket entry, text only.)(DS) (Entered: 06/09/2014)

June 9, 2014

June 9, 2014

PACER
32

ORDER re 28 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Gregory R. Nevins for Lambda Legal Defense and Education Fund Inc, by William M. McCool. (NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d)).(No document associated with this docket entry, text only.)(DS) (Entered: 06/09/2014)

June 9, 2014

June 9, 2014

PACER
33

REPLY, filed by Defendant BNSF Railway Company, TO RESPONSE to 16 MOTION to Dismiss (Rogers, Jeremy) (Entered: 06/13/2014)

June 13, 2014

June 13, 2014

PACER
34

ORDER granting 29 Motion for Leave to File Amicus Curiae Brief by Judge Ricardo S Martinez.(MKB) (Entered: 07/11/2014)

July 11, 2014

July 11, 2014

PACER
35

NOTICE of Appearance by attorney Bradley P Scarp on behalf of Defendant BNSF Railway Company. (Scarp, Bradley) (Entered: 09/12/2014)

Sept. 12, 2014

Sept. 12, 2014

PACER
36

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Jeremy H Rogers for Defendant BNSF Railway Company. (Rogers, Jeremy) (Entered: 09/12/2014)

Sept. 12, 2014

Sept. 12, 2014

PACER
37

ORDER granting in part and denying in part dft's 16 Motion to Dismiss by Judge Ricardo S Martinez.(RS) (Entered: 09/22/2014)

Sept. 22, 2014

Sept. 22, 2014

RECAP
38

ANSWER to 8 Amended Complaint with JURY DEMAND by BNSF Railway Company.(Scarp, Bradley) (Entered: 10/03/2014)

Oct. 3, 2014

Oct. 3, 2014

PACER
39

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 11/28/2014, FRCP 26f Conference Deadline is 11/14/2014, Initial Disclosure Deadline is 11/21/2014, by Judge Ricardo S. Martinez. (LW) (Entered: 10/17/2014)

Oct. 17, 2014

Oct. 17, 2014

PACER
40

NOTICE of Appearance by attorney Elizabeth A. Findley on behalf of Defendant BNSF Railway Company. (Findley, Elizabeth) (Entered: 11/05/2014)

Nov. 5, 2014

Nov. 5, 2014

PACER
41

JOINT STATUS REPORT signed by all parties estimated Trial Days: 3-7. (Scarp, Bradley) (Entered: 11/28/2014)

Nov. 28, 2014

Nov. 28, 2014

PACER
42

ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: *3-7 days*. Jury Trial is set for 11/16/2015 at 9:00 AM before Judge Ricardo S. Martinez. Joinder of Parties due by 1/30/2015, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 5/20/2015, Motions due by 6/19/2015, Discovery completed by 7/20/2015, Dispositive motions due by 8/18/2015, 39.1 mediation to be completed by 10/2/2015, Motions in Limine due by 10/19/2015, Pretrial Order due by 11/4/2015, Trial briefs to be submitted by 11/12/2015, Proposed voir dire/jury instructions due by 11/12/2015, by Judge Ricardo S. Martinez. (LW) (Entered: 12/04/2014)

Dec. 4, 2014

Dec. 4, 2014

PACER
43

NOTICE of Change of Address/Change of Name of Attorney Jennifer S Divine. Filed by Amicus Lambda Legal Defense and Education Fund Inc. (Divine, Jennifer) Modified Firm Name & Address for Miller Nash Graham Dunn on 1/6/2015 (DS). (Entered: 01/06/2015)

Jan. 6, 2015

Jan. 6, 2015

PACER
44

Joint Stipulated MOTION of Dismissal by Defendant BNSF Railway Company. (Attachments: # 1 Proposed Order Proposed Order of Dismissal) Noting Date 2/23/2015, (Scarp, Bradley) (Entered: 02/23/2015)

1 Proposed Order Proposed Order of Dismissal

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Feb. 23, 2015

Feb. 23, 2015

PACER
45

ORDER OF DISMISSAL by Judge Ricardo S Martinez. (RS) (Entered: 02/25/2015)

Feb. 25, 2015

Feb. 25, 2015

PACER

Case Details

State / Territory: Washington

Case Type(s):

Equal Employment

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 3, 2013

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are two employees of BNSF Railway denied company spousal benefits for their same-sex spouses.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

BNSF Railway Company, Private Entity/Person

Defendant Type(s):

Transportation

Case Details

Causes of Action:

Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001

Equal Pay Act, 29 U.S.C. § 206(d)

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

General:

Marriage

Discrimination-area:

Pay / Benefits

LGBTQ+:

LGBTQ+

Discrimination-basis:

Sex discrimination

Sexual orientation

Affected Sex or Gender:

Female

Male