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HAYNES v. NATIONAL R.R. PASSENGER CORP.

No. CV 05-07696 DDP (EX).

423 F.Supp.2d 1073 (2006)

Denise HAYNES, decedent, by her successors in interest Senyah Haynes and A.L.H., a minor by his guardian ad Litem Donald Haynes, Senyah Haynes an adult; A.L.H. a minor, by his guardian ad Litem Donald Haynes, Plaintiff, v. NATIONAL RAILROAD PASSENGER CORPORATION dba Amtrak, Defendants.

United States District Court, C.D. California.

March 16, 2006.

Attorney(s) appearing for the Case

Danielle Leichner Casselman, Gary S. Casselman, Gary S. Casselman Law Offices, Los Angeles, CA, Richard Harris Frankel, Trial Lawyers for Public Justice, Washington, DC, for Plaintiff.

Michael Emmet Murphy, Selim Mounedji, Wayne R. Sims, Sims Law Firm, Newport Beach, CA, for Defendants.

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS

PREGERSON, District Judge.

This matter is before the Court on the defendant's motion to dismiss the Complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). After reviewing the papers submitted by the parties and hearing oral argument, the Court denies the motion in part and grants the motion in part.

I. BACKGROUND

In July 2003, Denise...

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