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

Filing 216

STIPULATION and ORDER of DISMISSAL signed by Judge Oliver W. Wanger on 9/30/2010. (Bradley, A)

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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., et al., Plaintiffs, v. CITY OF SHAFTER; et al., Defendants. AND ALL RELATED AND CONSOLIDATED ACTIONS.

Case No. 1:08-cv-00819 OWW SKO Consolidated with Case Nos. 1:09-cv-00331 OWW DLB and 1:09-cv-01759 OWW DLB STIPULATION & ORDER OF DISMISSAL

IT IS HEREBY STIPULATED by and between Plaintiff TINA KNOTT ("Plaintiff") and Defendants NATIONAL RAILROAD PASSENGER CORPORATION (Amtrak), through their designated counsel, that the above-captioned action be and hereby is dismissed with prejudice as to Plaintiff's Complaint against Amtrak only, pursuant to Federal Rule of Civil Procedure 41(a)(1). Each party agrees to bear their own costs. /// ///
13249-37030 JBS 587780.1

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

STIPULATION AND ORDER OF DISMISSAL

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LOMBARDI, LOPER & CONANT, LLP

IT IS HEREBY FURTHER STIPULATED that, once Amtrak is dismissed as a party to the matter of Tina Knott v. Randy's Trucking, Inc., et al., Case No. 1:09-cv-01759 OWW DLB, this Court will be deprived of jurisdiction and that matter alone should be deconsolidated and separately remanded to the the Superior Court of California, County of Kern. Dated: August 11, 2010 A.A. ACCIDENT ATTORNEYS

By:

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

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

Dated:

August 25, 2010

LOMBARDI, LOPER & CONANT, LLP

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13249-37030 JBS 587780.1

By:

/s/ Jason B. Shane JASON B. SHANE Attorneys for Defendants NATIONAL RAILROAD PASSENGER CORPORATION and JOSHUA KYLES

IT IS SO ORDERED. Dated:

September 30, 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 AND ORDER OF DISMISSAL