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

Filing 213

ORDER REMANDING CASE To Los Angeles County Superior Court, signed by Judge Oliver W. Wanger on 9/21/2010. Copy of remand order sent to other court. CASE CLOSED.(Scrivner, E)

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Michael D. Ott, #064454 David J. Frankenberger, #186140 ERICKSEN ARBUTHNOT Attorneys At Law 2440 West Shaw Avenue, Suite 101 Fresno, California 93711 P: [phone] F: [phone] Attorneys for Plaintiff/Counterdefendant/Counterclaimant/Cross-Defendant/Cross-Claimant/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 SKO LACSC Case No: BC 397136 ORDER REMANDING SMITH CASE TO LOS ANGELES COUNTY SUPERIOR COURT

The motion to dismiss pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure and brought by State of California, by and through the Department of Transportation, was heard on July 26, 2010. The Court having considered all the papers filed in support and in opposition to the motion, as well as the oral argument presented, and finding good cause for this order; and The Court having found the settlements between plaintiff Smith and BNSF Railway Co. and National Railroad Passenger Corporation to have been in good faith, and having found that those cases should be remanded to the Superior Court of the State of California;
1 __________________________________________________________________ ORDER REMANDING SMITH CASE TO LOS ANGELES COUNTY SUPERIOR COURT

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IT IS THEREBY ORDERED that the remaining claims in Smith v. Randy's Trucking, Inc., et al., filed in this Court as Case No. 1:09-CV-00211, be, and the same hereby are, remanded to the Superior Court of California for the County of Los Angeles for further proceedings in that Court.

IT IS SO ORDERED:

DATED: September 21, 2010

/s/ OLIVER W.WANGER United States District Judge

2 __________________________________________________________________ ORDER REMANDING SMITH CASE TO LOS ANGELES COUNTY SUPERIOR COURT

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