Randy's Trucking, Inc. et al v. National Railroad Passenger Corporation et al

Filing 147

STIPULATION and ORDER to Vacate Reference to Magistrate Judge Beck signed by Judge Oliver W. Wanger on 4/27/2010. (Esteves, C)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Michael D. Ott, #064454 David J. Frankenberger, #186140 ERICKSEN ARBUTHNOT Attorneys At Law 2440 West Shaw Avenue, Suite 101 Fresno, California 93711 P: (559) 449-2600 F: (559) 449-2603 Attorneys for Plaintiff/Counterdefendant/Counterclaimant/Cross-Defendant/CrossClaimant/Third Party Plaintiff RANDY'S TRUCKING, INC., Plaintiff STAR INSURANCE COMPANY, and Cross-Defendant/Counterclaimant/Cross-Claimant/Third Party Plaintiff FERNANDO M. SANDOVAL UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION ) ) ) ) Plaintiffs, ) ) ) v. ) ) CITY OF SHAFTER, etc., et al, ) ) ) Defendants. _______________________________________) ) ) AND RELATED ACTIONS, CROSS) ACTIONS, AND THIRD PARTY ACTIONS ) ) RANDY'S TRUCKING, INC. and STAR INSURANCE COMPANY, Case No. 1:08-CV-00819 OWW DLB STIPULATION AND ORDER TO VACATE REFERENCE TO MAGISTRATE JUDGE BECK WHEREAS, Plaintiffs Randy's Trucking, Inc., and Star Insurance Company, and Defendants BNSF Railway Company and National Railroad Passenger Corporation, and two other parties who have since been dismissed from this matter, all executed consents to permit Magistrate Judge Dennis L. Beck to conduct all matters in this proceeding at the outset of this litigation; and WHEREAS, new parties Robert Garcia, Rachel Garcia, Jessica Garcia, and Erica Garcia, Roi Smith, and Tina Knott, have been added to this litigation through consolidation of their separate cases, subsequent to the referral of this matter to Magistrate Dennis L. Beck for all 1 __________________________________________________________________ STIPULATION AND ORDER TO VACATE REFERENCE TO MAGISTRATE JUDGE BECK 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 purposes; and WHEREAS, counsel for the Garcia plaintiffs, Roi Smith, and Tina Knott, have never executed consents to have any magistrate judge conduct all proceedings in this matter; and WHEREAS, the Court has recently reassigned this matter to Magistrate Judge Sheila K. Oberto; and WHEREAS, the original parties who consented to have Magistrate Judge Dennis L. Beck conduct all proceedings in this matter would now prefer that United States District Judge Oliver Wanger, rather than the newly assigned Magistrate Judge Sheila K. Oberto, conduct the trial in this matter; NOW THEREFORE, it is hereby stipulated by and between Plaintiffs Randy's Trucking, Inc., and Star Insurance Company, and Defendants BNSF Railway Company and National Railroad Passenger Corporation, through their respective counsel of record that said parties jointly request that United States District Judge Oliver Wanger issue an order vacating the referral to Magistrate Judge Dennis L. Beck pursuant to Rule 73(b)(3) of the Federal Rules of Civil Procedure, and that United States District Judge Oliver Wanger conduct the trial in this matter. It is further agreed that this stipulation may be executed in counterparts. Counsel for the Garcia plaintiffs, Roi Smith, and Tina Knott, have not been presented with this Stipulation, in view of the fact that those parties never executed a consent for Magistrate Judge Dennis L. Beck, or any other magistrate judge, to conduct all proceedings in this matter. /// /// /// /// [signature page to follow] 2 __________________________________________________________________ STIPULATION AND ORDER TO VACATE REFERENCE TO MAGISTRATE JUDGE BECK 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: April 27, 2010 ERICKSEN ARBUTHNOT By __/s/ Michael D. Ott_______ Michael D. Ott 2440 W. Shaw Ave., #101 Fresno, CA 93711 mott@ericksenarbuthnot.com P: 559-449-2600 F: 559-449-2603 Attorneys for Plaintiff/Counterdefendant/ Counterclaimant/Cross-Defendant/CrossClaimant/Third Party Plaintiff RANDY'S TRUCKING, INC., Plaintiff STAR INSURANCE COMPANY, and CrossDefendant/Counterclaimant/CrossClaimant/Third Party Plaintiff FERNANDO M. SANDOVAL DATED: April 26, 2010 LOMBARDI, LOPER & CONANT, LLP By __/s/ Jason Bradley Shane_____ Jason Bradley Shane Attorneys for Defendants NATIONAL RAILROAD PASSENGER CORP. and BNSF RAILWAY COMPANY DATED: April 27, 2010 AUCHARD & STEWART By ___/s/ Paul A. Auchard___ Paul A. Auchard Attorneys for Counter Claimant BNSF RAILWAY COMPANY 3 __________________________________________________________________ STIPULATION AND ORDER TO VACATE REFERENCE TO MAGISTRATE JUDGE BECK 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 DEAC_Signature-END: ORDER VACATING REFERENCE TO MAGISTRATE JUDGE Based upon the stipulation of the parties who consented to the referral of this matter to Magistrate Judge Dennis L. Beck for all purposes, based upon the change of circumstances in this case, and good cause appearing, IT IS HEREBY ORDERED that the referral of this matter to a United States Magistrate Judge be, the same hereby is, vacated. IT IS SO ORDERED. Dated: April 27, 2010 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 4 __________________________________________________________________ STIPULATION AND ORDER TO VACATE REFERENCE TO MAGISTRATE JUDGE BECK emm0d64h

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