Atchison Topeka, et al v. Hercules Inc, et al

Filing 484

STIPULATION and ORDER signed by Judge Oliver W. Wanger on 4/19/2011 for dismissal with prejudice as to Defendant, Marilyn M Dietzel. (Lundstrom, T)

1 JOHN F. BARG (State Bar No. 60230)
([e-mail])
2 MARC A. ZEPPETELLO (State Bar No. 121185)
([e-mail])
&
3 BARG COFFIN LEWISnd TRAPP, LLP
350 California Street, 22 Floor
4 San Francisco, California 94104-1435
Telephone: [phone]
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Attorneys for BNSF RAILWAY COMPANY,
6 as successor to THE ATCHISON, TOPEKA & SANTA FE
RAILWAY COMPANY
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THE ATCHISON, TOPEKA & SANTA FE
RAILWAY COMPANY, et al.,

Case No.: 1:96-cv-05879 OWW/DLB
(CONSOLIDATED SHAFTER CASES)

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Plaintiffs,

STIPULATION AND
ORDER FOR DISMISSAL WITH
PREJUDICE

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v.
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HERCULES INCORPORATED, et al.,

Fed. R. Civ. Proc. 41(a)(2)

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Defendants.

Trial Date: None
__________________________________

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This stipulation is entered into by and between BNSF Railway Company, as successor to

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The Atchison, Topeka & Santa Fe Railway Company (“BNSF”), and Marilyn M. Dietzel, Trustee,

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as successor of the Estate of Fred R. Bryant (“Dietzel”), through their respective counsel.

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BNSF and Dietzel request that each and every claim or cause of action between them in

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this case be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2), and

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hereby stipulate that each party shall bear its own costs and attorneys’ fees incurred in connection

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with this case.

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DATED:

April 19, 2011

BARG COFFIN LEWIS & TRAPP, LLP

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____/s/ Marc A. Zeppetello
Marc A. Zeppetello,
Attorneys for BNSF Railway Company,
as successor to The Atchison, Topeka &
Santa Fe Railway Company

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STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE
Case No. CV-F-96-5879 OWW/DLB
835489.1

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DATED:

April 5, 2011

LAW OFFICES OF SCOTT PERLMAN

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____/s/ Scott Perlman
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Scott Perlman
Attorneys for Marilyn M. Dietzel, Trustee,
as successor to the Estate of Fred R. Bryant

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IT IS SO ORDERED.

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Dated:

April 19, 2011

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

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emm0d64h

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STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE
Case No. CV-F-96-5879 OWW/DLB

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835489.1