California Pipe Recycling, Inc. v. Southwest Holdings, Inc. et al

Filing 89

STIPULATION and ORDER to set aside Dismissal of Robert P. Ingrum signed by District Judge Lawrence J. O'Neill on 2/6/2009. (Counsel for California Pipe Recycling is Ordered to serve a copy of this order on Robert Ingrum)(Kusamura, W)

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Kerry P. Zeiler (SBN 233944) KO & ZEILER 1855 W. Katella Ave., Ste. 365 Orange, CA 92867 [phone] [phone] - Fax Attorney for Plaintiff California Pipe Recycling, Inc.

UNITED STATES DISTRICT COURT IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA CALIFORNIA PIPE RECYCLING, INC., ) Case No.: 08-cv-236 ) Plaintiff, Assigned for All Purposes ) vs. Hon. Lawrence J. O'Neill ) S.W. PIPE HOLDINGS, INC., a ) ) STIPULATION TO SET ASIDE Corporation; SOUTHWEST PIPE SERVICES, INC., a Corporation; JOSEPH ) DISMISSAL OF ROBERT P. INGRUM ) BRIERS, an individual; BRIERS PIPE ) SERVICES CORP., a Corporation; ) ROBERT P. INGRUM, an individual; ) ROBBYE R. WALDRON, Chapter 7 ) Trustee, and DOES 1-10, inclusive, ) Defendants. ) On October 23, 2008, this court dismissed this action against Robert P. Ingrum for lack of minimum contacts by granting his motion under FRCP 12(b)(2). Mr. Ingrum, now appearing in propria personum, wishes to appear in this action, submitting himself voluntarily to the jurisdiction of this court, in order to state a claim against the proceeds of the promissory note at issue in this case which is the stake in interpleader. By his signature hereto, Mr. Ingrum voluntarily consents to the jurisdiction of this court over him, and waives any further challenges to this court's jurisdiction.

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STIPULATION TO SET ASIDE DISMISSAL

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IT IS STIPULATED: By and between the Plaintiff, CALIFORNIA PIPE RECYCLING, INC. and Defendant ROBERT P. INGRUM, in order to permit his participation in this case to state a claim against the stake in interpleader, to set aside this court's order of October 23, 2008 dismissing ROBERT P. INGRUM from this action. LR 83-143. For the Plaintiff, CALIFORNIA PIPE RECYCLING, INC. /s/ Kerry P. Zeiler Kerry P. Zeiler (SBN 233944) KO & ZEILER 1855 W. Katella Ave., Ste 365 Orange, CA 92867 For the Defendant, ROBERT P. INGRUM _/s/Robert P. Ingrum____ Robert P. Ingrum In propria personum

IT IS SO ORDERED: Dated: February 6, 2009____ _/s/ LAWRENCE J O'NEILL_____ Hon. Lawrence J. O'Neill Judge of the United States District Court

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STIPULATION TO SET ASIDE DISMISSAL