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

Filing 205

STIPULATION and ORDER to Vacate Trial Date and Good Faith Hearing, signed by Judge Oliver W. Wanger on 8/26/2010. (Kusamura, W)

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LOMBARDI, LOPER & CONANT, LLP

B. CLYDE HUTCHINSON, State Bar No. 037526 [e-mail] JASON B. SHANE, State Bar No. 253908 [e-mail] LOMBARDI, LOPER & CONANT, LLP Lake Merritt Plaza 1999 Harrison Street, Suite 2600 Oakland, CA 94612-3541 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant, Counter-Claimant, CrossClaimant and Cross-Defendant NATIONAL RAILROAD PASSENGER CORPORATION, Defendant and Cross-Claimant JOSHUA KYLES, and Defendant and Third-Party Defendant BNSF RAILWAY COMPANY UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ­ FRESNO DIVISION

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Lake Merritt Plaza 1999 Harrison Street, Su i t e 2600 Oakland, CA 94612 - 3 5 4 1

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RANDY'S TRUCKING, INC., and STAR INSURANCE COMPANY, Plaintiffs,

Case No. 1:08-cv-00819 0WW DLB STIPULATION TO VACATE TRIAL DATE AND GOOD FAITH HEARING

CITY OF SHAFTER; COUNTY OF KERN; STATE OF CALIFORNIA; CALTRANS; AMTRAK; NATIONAL RAILROAD PASSENGER CORPORATION; BURLINGTON NORTHERN SANTA FE RAILROAD; BNSF RAILWAY COMPANY; and DOES 1 TO 100, Defendants. AND ALL RELATED ACTIONS, CROSS-ACTIONS, AND THIRD PARTY ACTIONS.

WHEREAS all parties to the lead case herein, Randy's Trucking, Inc. v. City of Shafter (Case No. 1:08-cv-00819 OWW SKO), reached a settlement and Plaintiff/Counter-Defendant Randy's Trucking, Inc. filed a Notice of Settlement last Friday, August 20, 2010;
13249-37030 JBS 588393.1

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Case No. 1:08-cv-00819 0WW DLB

STIPULATION TO VACATE TRIAL DATE AND GOOD FAITH HEARING

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LOMBARDI, LOPER & CONANT, LLP

Wheras, Amtrak settled with the Plaintiffs Roi Smith and Tina Knott in the two other consolidated actions herein, Roi Smith v. Randy's Trucking, Inc., et al. (Case No. 1:09-cv-00211 OWW DLB) and Tina Knott v. Randy's Trucking, Inc., et al. (Case No. 1:09-cv-01759 OWW DLB) and filed Notices of Settlement on April 29, 2010 and June 17, 2010, respectively; WHEREAS Randy's Trucking, Inc. and Fernando Sandoval filed a Motion to Contest Amtrak's settlement of the Smith on May 24, 2010, but subsequently withdrew that motion on July 9, 2010, and no other party contested Amtrak's settlement of that matter; WHEREAS, no party contested Amtrak's settlement of the Knott matter; WHEREAS Amtrak's presence in the Smith and Knott cases was the basis for this Court's jurisdiction, and once Amtrak finalizes its settlements of those matters and dismissals are filed, those cases will be subject to remand, and the remaining parties in the Smith and Knott matters intend to file a stipulation to remand those cases once Amtrak finalizes its settlements of those matters and dismissals are filed WHEREAS the Court previously separately remanded another consolidated matter ­ Robert Garcia v. Amtrak, et al. (Case No. 1:09-cv-00331 OWW DLB) ­ on May 27, 2010 once Amtrak was dismissed as a defendant; IT IS HEREBY STIPULATED by and between all parties, through their designated counsel, that the Court vacate the September 9, 2010 trial date and August 30, 2010 good faith hearing set by the Court's August 25, 2010 Minute Order. Dated: August 26, 2010 ERICKSEN ARBUTHNOT

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Lake Merritt Plaza 1999 Harrison Street, Su i t e 2600 Oakland, CA 94612 - 3 5 4 1

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By:

/s/ Timothy J. McCaughey for MICHAEL D. OTT Attorneys for RANDY'S TRUCKING, INC., STAR INSURANCE COMPANY and FERNANDO MANGUIA SANDOVAL

13249-37030 JBS 588393.1

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Case No. 1:08-cv-00819 0WW DLB

STIPULATION TO VACATE TRIAL DATE AND GOOD FAITH HEARING

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LOMBARDI, LOPER & CONANT, LLP

Dated:

August 26, 2010

LOMBARDI, LOPER & CONANT, LLP

By:

/s/ Jason B. Shane JASON B. SHANE Attorneys for NATIONAL RAILROAD PASSENGER CORPORATION, JOSHUA KYLES and BNSF RAILWAY COMPANY

Dated:

August 26, 2010

AUCHARD & STEWART

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Lake Merritt Plaza 1999 Harrison Street, Su i t e 2600 Oakland, CA 94612 - 3 5 4 1

By:

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13249-37030 JBS 588393.1

/s/ Paul Auchard PAUL AUCHARD Attorneys for BNSF RAILWAY COMPANY

Dated:

August 26, 2010

STOLL, NUSSBAUM & POLAKOV, A.P.C.

By:

/s/ Matthew Stoll for ROBERT J. STOLL, JR. Attorneys for ROI SMITH

Dated:

August 26, 2010

A.A. ACCIDENT ATTORNEYS, P.L.C.

By:

/s/ Paul E. Lee PAUL E. LEE Attorneys for TINA KNOTT

IT IS SO ORDERED. Dated:

August 26, 2010

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

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Case No. 1:08-cv-00819 0WW DLB

STIPULATION TO VACATE TRIAL DATE AND GOOD FAITH HEARING