Opinion
Civil Action 21-2451
05-31-2022
ADELE ALTIMARI, Plaintiff, v. BUCKS COUNTY RAILROAD PRESERVATION AND RESTORATION CORP. d/b/a NEW HOPE & IVYLAND RAILROAD et al., Defendants.
ORDER
JOEL H. SLOMSKY, J.
AND NOW, this 31st day of May 2022, upon consideration of the Complaint (Doc. No. 1), Defendants' Motion to Dismiss for Failure to State a Claim and for a More Definite Statement (Doc. No. 3), Plaintiff's Response in Opposition (Doc. No. 5), Defendants' Reply (Doc. No. 6), and in accordance with the Opinion of the Court issued on this date, it is ORDERED that Defendants' Motion to Dismiss (Doc. No. 3) is GRANTED in part and DENIED in part as follows:
1. Defendants' Motion to Dismiss based on the affirmative defense of preemption is GRANTED in part. Counts II, III, IV, and V of the Complaint (Doc. No. 1) are preempted by the Interstate Commerce Commission Termination Act (“ICCTA”), 49 U.S.C. §§ 10101 et seq., only to the extent that they are based upon allegations of “unfettered loud noises, fumes, pollution, and debris” from Defendants' Rail Facility.
2. Defendants' Motion to Dismiss Counts II, III, IV, and V of the Amended Complaint for Failure to State a Claim under state law is DENIED.
3. Defendants' Motion to Dismiss Plaintiff's claim for Punitive Damages is DENIED.
4. Defendants' Motion for a More Definite Statement is DENIED.
5. Defendants shall file an Answer to Plaintiff's Complaint (Doc. No. 1) within 14 days of the date of this Order.