National Railroad Passenger Corporation v. Young's Commercial Transfer, Inc. et al.

Filing 52

ORDER Dismissing Parties in Lead Case of Consolidated Action, signed by District Judge Dale A. Drozd on 1/25/2016. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NATIONAL RAILROAD PASSENGER
CORPORATION,
Plaintiff,

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No. 1:13-cv-01506-DAD-EPG

ORDER DISMISSING PARTIES IN LEAD
CASE OF CONSOLIDATED ACTION

v.
YOUNG’S COMMERCIAL TRANSFER,
INC., a corporation, and RIGOBER TO
FERNANDEZ JIMENEZ, an individual,
d/b/a JIMENEZ TRUCKING,

(Doc. No. 50)

Defendants.

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AND CONSOLIDATED ACTION

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On January 21, 2016, plaintiff National Railroad Passenger Corporation and defendants

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Young’s Commercial Transfer, Inc. and Rigoberto Fernandez Jimenez, individually and d/b/a

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Jimenez Trucking, filed a joint stipulation dismissing National Railroad Passenger Corporation

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v. Young’s Commercial Transfer, Inc., et al., with prejudice, with each party to bear its own costs

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and attorneys’ fees in this consolidated action. (Doc. No. 50.) In light of the parties’ stipulation,

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the complaint filed by plaintiff National Railroad Passenger Corporation against defendants

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Young’s Commercial Transfer, Inc. and Rigoberto Fernandez Jimenez, as an individual, d/b/a

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Jimenez Trucking is hereby DISMISSED with prejudice and without an award of attorneys’ fees
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and costs to either party. See Fed. R. Civ. P. 41(a)(1)(A)(ii); Wilson v. City of San Jose, 111 F.3d

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688, 692 (9th Cir. 1997). The action is terminated as to plaintiff National Railroad Passenger

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Corporation and defendants Young’s Commercial Transfer, Inc. and Rigoberto Fernandez

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Jimenez, as an individual, d/b/a Jimenez Trucking only as to the claims brought by plaintiff

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National Railroad Passenger Corporation.
This order and dismissal, however, does not affect the status of the claims brought by

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plaintiff Celia Ramirez in her complaint against defendants Rigoberto Fernandez Jimenez,

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Jimenez Trucking, National Railroad Passenger Corporation, Barbara Neu, BNSF Railway

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Company, Young’s Commercial Transfer, Inc. and Does 1 through 200. The case number with

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respect to claims brought by the remaining plaintiff against the remaining defendants will

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continue to be 1:13-cv-01506-DAD-EPG.

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IT IS SO ORDERED.

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Dated:

January 25, 2016

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DALE A. DROZD

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UNITED STATES DISTRICT JUDGE

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