Wolf v. BNSF Railway Company, 4:24-cv-05089

Plaintiff Galen Wolf worked for BNSF Railway Company starting in 1969, alleging long-term exposure to harmful substances (including diesel exhaust, benzene, and asbestos) during his employment.
Wolf claims this occupational exposure caused his colon cancer and that BNSF failed to warn him or provide protective equipment.
He brings his claims under the Federal Employers’ Liability Act (FELA), which addresses railroad worker injuries caused by employer negligence.
BNSF moved for a "Lone Pine order"—a specialized case management order requiring early specific proof of causation—before the start of discovery.
Discovery in the case remains open and no substantive discovery has occurred.
The case involves only a single plaintiff and a single defendant, not a complex mass tort matter.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Appropriateness of Lone Pine order	Not explicitly stated, but likely opposes as premature and unnecessary.	Sought early causation proof to narrow the claims and simplify the case.	Motion for Lone Pine order denied; not warranted.
Timing of discovery	Discovery should proceed under standard procedures.	Requests Lone Pine order before any discovery occurs.	Discovery should proceed under normal rules.
Case management needs	Argues case is straightforward, not a complex mass tort.	Asserts breadth of allegations may burden defendant with broad discovery.	No extraordinary circumstances justifying order.
Alternative remedies	Not explicitly stated.	Claims Lone Pine is needed to avoid irrelevant and burdensome discovery.	Other procedural rules are sufficient safeguards.

Avila v. Willits Envtl. Remediation Tr, 633 F.3d 828 (9th Cir. 2011) (Ninth Circuit recognizes Lone Pine orders as permissible case management tools, but emphasizes district court discretion)
Acuna v. Brown & Root, Inc., 200 F.3d 335 (5th Cir. 2000) (Lone Pine orders appropriate to manage burdensome discovery in complex mass torts)
Steering Comm. v. Exxon Mobil Corp., 461 F.3d 598 (5th Cir. 2006) (Explains purpose and function of Lone Pine orders in mass tort litigation)