United States Department of Justice vs. Rajendra Jamnadas

Filing 423

JOINT STIPULATION For Voluntary Dismissal Without Prejudice Of Third-Party Claim Against Third-Party Defendant The Dow Chemical Company And ORDER, signed by District Judge Lawrence J. O'Neill on 12/10/2009. (Scrivner, E)

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KEITH D. CHIDLAW, Bar No. 133604 SCHUERING ZIMMERMAN SCULLY TWEEDY & DOYLE, LLP 400 University Avenue Sacramento, California 95825-6502 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant RAJENDRA JAMNADAS, personal representative of the ESTATE OF SHANTILAL JAMNADAS and Third Party Defendant RAJENDRA JAMNADAS, individually UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) vs. ) ) STEPHEN C. LYON; SUZANNE S. LYON; ) RUSSELL R. TONDA; DIANE M. TONDA; ) RAJENDRA JAMNADAS, personal representative ) of the ESTATE OF SHANTILAL JAMNADAS, ) et al., ) ) Defendants. ) _______________________________________ ) No. 1:07-CV-00491-LJO-GSA JOINT STIPULATION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF THIRD-PARTY CLAIM AGAINST THIRD-PARTY DEFENDANT THE DOW CHEMICAL COMPANY

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Pursuant to Federal Rule of Civil Procedure 41(a)(2) and (c) and Local rule 83-143, Third18 Party Defendant The Dow Chemical Company, and Defendant/Third-Party Plaintiff Rajendra 19 Jamnadas as the personal representative of the Estate of Shantilal Jamnadas ("Jamnadas") respectfully 20 request that this Court enter an order dismissing without prejudice the third-party claims asserted 21 against The Dow Chemical Company by Jamnadas. In support of this request, the parties hereto 22 would show the following: 23 1. 24 third-party claims against The Dow Chemical Company (among other parties). 25 /// 26 27 28
J o in t Stipulation for Voluntary Dismissal W ith o u t Prejudice of Third-Party Claim Against Third-Party Defendant T h e Dow Chemical Company

Jamnadas' operative Third-Party Complaint (Doc. 236), filed March 26, 2008) asserts

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2.

Jamnadas desires to dismiss without prejudice its third-party claims against The Dow Chemical Company pursuant to Federal Rule of Civil Procedure 41(a)(2) as made applicable by Rule 41(c). The Dow Chemical Company has no objection to such voluntary dismissal.

3.

The parties agree they will bear their own costs with respect to the aforementioned third-party claims.

Accordingly, the parties hereto respectfully request that this Court enter an order dismissing without prejudice the third-party claims asserted against The Dow Chemical Company by Jamnadas. Dated: December 10, 2009 SCHUERING ZIMMERMAN SCULLY TWEEDY & DOYLE, LLP

By 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: b9ed48 December 10, 2009 By Dated: December 10, 2009

/s/ KEITH D. CHIDLAW KEITH D. CHIDLAW Attorney for Defendant/Third-Party Plaintiff RAJENDRA JAMNADAS, as personal representative of the ESTATE OF SHANTILAL JAMNADAS and Third Party Defendant RAJENDRA JAMNADAS, individually FILICE BROWN EASSA & McLEOD LLP

/s/ RICHARD V. NORMINGTON RICHARD V. NORMINGTON (as authorized on December 10, 2009) Attorney for Third-Party Defendant THE DOW CHEMICAL COMPANY

/s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

J o in t Stipulation for Voluntary Dismissal W ith o u t Prejudice of Third-Party Claim Against Third-Party Defendant T h e Dow Chemical Company

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