United States Department of Justice vs. Rajendra Jamnadas

Filing 432

Joint Stipulation and ORDER for Voluntary Dismissal Without Prejudice of Third-Party Claim Against Third-Party Defendant M.B.L. INC. signed by District Judge Lawrence J. O'Neill on 12/21/2009. (Bradley, A)

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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 M.B.L INC.

Pursuant to Federal Rule of Civil Procedure 41(a)(2) and (c) and Local rule 83-143, Third-Party Defendant M.B.L. Inc., and Defendant/Third-Party Plaintiff Rajendra Jamnadas as the personal representative of the Estate of Shantilal Jamnadas ("Jamnadas") respectfully request that this Court enter an order dismissing without prejudice the third-party claims asserted against M.B.L. Inc. by Jamnadas. In support of this request, the parties hereto would show the following: 1. Jamnadas' operative Third-Party Complaint (Doc. 236), filed March 26, 2008) asserts third-party claims against M.B.L. Inc. (among other parties). ///

Joint Stipulation for Voluntary Dismissal Without Prejudice of Third-Party Claim Against Third-Party Defendant M.B.L. Inc.

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2.

Jamnadas desires to dismiss without prejudice its third-party claims against M.B.L. Inc. pursuant to Federal Rule of Civil Procedure 41(a)(2) as made applicable by Rule 41(c). M.B.L. Inc. 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 M.B.L. Inc. by Jamnadas. Dated: December 17, 2009 SCHUERING ZIMMERMAN SCULLY TWEEDY & DOYLE, LLP

By /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 Dated: December 17, 2009 HAMRICK & EVANS, LLP

By /s/ DOUGLAS K. LACKEY DOUGLAS K. LACKEY (as authorized on December 17, 2009) Attorney for Third-Party Defendant M.B.L. INC

IT IS SO ORDERED.

Date: December 21, 2009

/s/ Lawrence J. O'Neill Hon. Lawrence J. O'Neill United States District Judge

Joint Stipulation for Voluntary Dismissal Without Prejudice of Third-Party Claim Against Third-Party Defendant M.B.L. Inc.

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