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

Filing 85

ORDER BNSF Railway Company Has Been Dismissed with Prejudice Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), signed by District Judge Dale A. Drozd on 4/19/16. BNSF Railway Company Terminated. (Gonzalez, R)

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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

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

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DEFENDANT BNSF RAILWAY COMPANY
HAS BEEN DISMISSED WITH PREJUDICE
PURSUANT TO FEDERAL RULE OF CIVIL
PROCEDURE 41(a)(1)(A)(ii)
(Doc. No. 83)

Defendants.

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CELIA RAMIREZ,

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Plaintiff,
v.
RIGOBERTO FERNANDEZ JIMENEZ;
JIMENEZ TRUCKING; NATIONAL
RAILROAD PASSENGER
CORPORATION; BARBARA NEU;
BNSF RAILWAY COMPANY;
YOUNG’S COMMERCIAL TRANSFER,
INC.; and DOES 1–200, inclusive,
Defendants.

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On April 19, 2016, the parties filed a joint stipulation dismissing defendant BNSF

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Railway Company with prejudice and with each party to bear its own costs and attorneys’ fees.

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(Doc. No. 83.) In light of the parties’ stipulation, defendant BNSF Railway Company has been

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terminated from the case, 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), and has been dismissed with prejudice and without an award of

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attorneys’ fees and costs to either party. This dismissal does not affect the status of the other

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defendants in the matter.

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IT IS SO ORDERED.

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Dated:

April 19, 2016
UNITED STATES DISTRICT JUDGE

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