BNSF Railway Company v. San Joaquin Valley Railroad Company

Filing 84

STIPULATION for Amended Complaint; ORDER, signed by Judge Sandra M. Snyder on 11/4/2009. (Herman, H)

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Briggs and Morgan, P.A. Timothy R. Thornton, MN Bar No. 109630 (Admitted Pro Hac Vice) Paul J. Hemming, MN Bar No. 0346184 (Admitted Pro Hac Vice) 2200 IDS Center 80 South Eighth Street Minneapolis, MN 55402-2157 Telephone: [phone] Facsimile: [phone] Auchard & Stewart Paul Auchard, Bar No. 060474 2377 W. Shaw, Suite 106 Fresno, CA 93711-3438 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff BNSF Railway Company, a Delaware Corporation IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

BNSF Railway Company, a Delaware Corporation, Plaintiff, v. San Joaquin Valley Railroad Company, a California Corporation; and Tulare Valley Railroad Company, a Nevada Corporation, Defendants.

Case No. 1:08-CV-01086-AWI-SMS Case Type: Declaratory Judgment/Contract STIPULATION FOR AMENDED COMPLAINT; ORDER

Trial Date: May 11, 2009

Pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure, the parties through their respective undersigned counsel hereby stipulate and agree that Plaintiff may serve and file its Amended Complaint. The parties agree that defendants shall have twenty (20) days to respond to the Amended Complaint after being served with it. As a condition of this stipulation and agreement, the parties also agree that the trial in this matter shall not be bifurcated, and respectfully ask the Court to enter the attached proposed order.

BRIGGS AND MORGAN, P.A.
ATTORNEYS AT L A W M I NNEAPOLI S

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STIPULATION FOR AMENDED COMPLAINT; PROPOSED ORDER

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Defendants are stipulating to the filing of this pleading in the attached format to avoid the necessity of a motion for leave to amend the original complaint under Rule 15, but reserve all rights, including without limitation the right to bring any responsive motions under the Federal Rules of Civil Procedure. Dated: November 4, 2009 Briggs and Morgan, P.A.

By: s/ Paul J. Hemming Timothy R. Thornton Paul J. Hemming Attorneys for Plaintiff BNSF Railway Company, a Delaware Corporation

Dated: November 3, 2009

Hicks | Park LLP

By: s/ James B. Hicks James B. Hicks Gary W. Park Attorneys for Defendants San Joaquin Valley Railroad Company and Tulare Valley Railroad Company

BRIGGS AND MORGAN, P.A.
ATTORNEYS AT L A W M I NNEAPOLI S

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STIPULATION FOR AMENDED COMPLAINT; PROPOSED ORDER

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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 IT IS SO ORDERED. Dated: November 4, 2009

ORDER The Court notes that as a condition of this stipulation and agreement, the parties have agreed that the trial in this matter shall not be bifurcated, and the Court therefore hereby orders that the trial in this matter shall not be bifurcated, and pursuant to the parties' agreement and Local Rule 83-143, the Court also hereby approves the Stipulation for Amended Complaint. IT IS SO ORDERED. IT IS FURTHER ORDERED THAT Plaintiff shall file the Amended Complaint within five (5) days from service of this Order.

/s/ Sandra M. Snyder______________ UNITED STATES MAGISTRATE JUDGE

BRIGGS AND MORGAN, P.A.
ATTORNEYS AT L A W M I NNEAPOLI S

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STIPULATION FOR AMENDED COMPLAINT; PROPOSED ORDER

PDF created with pdfFactory trial version www.pdffactory.com