Rodriguez v. County of Stanislaus, et al.

Filing 544

STIPULATION and ORDER to Dismiss Case signed by District Judge Lawrence J. O'Neill on 03/09/2012. CASE CLOSED. (Flores, E)

1 Joseph W. Carcione, Jr., Esq. (State Bar No. 56693)
Aaron B. Markowitz, Esq. (State Bar No. 220694)
2 CARCIONE, CATTERMOLE, DOLINSKI,
STUCKY, MARKOWITZ & CARCIONE, L.L.P.
3 A Professional Corporation
601 Brewster Avenue
4 P.O. Box 3389
Redwood City, CA 94064
5 Telephone: [phone]
Facsimile: [phone]
6
Attorneys for Plaintiff
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8

UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

10

FRESNO DIVISION

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Case No.: 1:08-CV-00856-LJO-GSA

LUCIO CORRAL RODRIGUEZ,

12 individually, and as Successor in Interest to
the decedents, MARICRUZ CORRAL,

13 IVAN ALEXANDER CORRAL, and

STIPULATION TO DISMISS CASE

LUCIO ANTHONY CORRAL,

14
Plaintiff,

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Judge: District Judge Lawrence J. O’Neill

vs.

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COUNTY OF STANISLAUS, CITY OF

17 MODESTO, CITY OF RIVERBANK,
STATE OF CALIFORNIA, AMTRAK

18 CALIFORNIA, BURLINGTON
NORTHERN SANTA FE RAILWAY; and

19 DOES 1 to 200,
20

Defendants.
__________________________________/

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WHEREAS Plaintiff Lucio Corral Rodriguez, Defendants National Railroad Passenger

24 Corporation, BNSF Railway Company, and State of California - Department of Transportation
25 reached a settlement on January 27, 2012.
26

AND WHEREAS the terms of the settlement have been completely agreed to, and

27 Plaintiff Lucio Corral Rodriguez has signed the Settlement and Release Agreement drafted by
28 the parties, but the exchange of funds has not yet occurred.

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1.
STIPULATION TO DISMISS CASE

CV F 08-0856 LJO GSA

1

IT IS STIPULATED AND AGREED that the Court should dismiss all parties,

2 including National Railroad Passenger Corporation, BNSF Railway Company, State of
3 California - Department of Transportation and the County of Stanislaus, and all claims, with
4 prejudice, all parties to bear their own costs and fees.
5

IT IS FURTHER STIPULATED AND AGREED that notwithstanding the dismissal

6 with prejudice, the settlement is fully enforceable.
7 Dated: March 8, 2012

CARCIONE , CATTERMOLE , DOLINSKI,
STUCKY , MARKOWITZ & CARCIONE, LLP

8
9

By:

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/s/ Aaron B. Markowitz, Esq.
Attorney for Plaintiff,
Lucio Corral Rodriguez

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Dated: March 8, 2012

LOMBARDI, LOPER & CONANT , LLP

12
13

By:

/s/ Vincent Castillo, Esq.
Attorney for Defendant/Counter-Claimant
National Railroad Passenger Corporation,
Defendant BNSF Railway Company and State of
California

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17 Dated: March 8, 2012
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By:
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/s/ Dan Farrar, Esq.
Attorney for Defendant, County of Stanislaus

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ORDER
In light of the stipulation this matter is hereby dismissed with prejudice. The clerk is
directed to close this action.

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24 IT IS SO ORDERED.
25 Dated:
66h44d
26

March 9, 2012

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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2.
STIPULATION TO DISMISS CASE

CV F 08-0856 LJO GSA