Jose Trujillo v. Petersen et al

Filing 35

ORDER DIRECTING the Clerk of the Court to Terminate Certain Cross Claims 34 , signed by District Judge Dale A. Drozd on 10/25/2016. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE TRUJILLO, 12 Plaintiff, 13 14 15 16 No. 1:16-cv-00728-DAD-EPG v. MARGARET E. PETERSON, trustee of the BYPASS TRUST UNDER THE DON R. PETERSEN AND MARGARET E. PETERSEN TRUST dated April 29, 1998, et al., 17 ORDER DIRECTING THE CLERK OF THE COURT TO TERMINATE CERTAIN CROSS CLAIMS (Doc. No. 34) Defendants. 18 19 On October 25, 2016, defendant Marcos Guillermo Marin, defendant Margaret E. 20 Peterson, and defendant John F. George filed a joint stipulation dismissing cross claims against 21 each other. (Doc. No. 34.) Specifically, they stipulated: 1) Defendant Marin will dismiss any and all cross-claims arising out of the events or 22 23 occurrences that are the subject of the Trujillo lawsuit, case number 1:16-cv-00728-DAD- 24 EPG, against defendant Peterson, individually or as trustee; 2) Defendant Peterson, individually and as trustee, will, without prejudice, dismiss any and 25 26 all cross-claims arising out of the events or occurrences that are the subject of the Trujillo 27 lawsuit, case number 1:16-cv-00728-DAD-EPG, against defendant Marin; 28 ///// 1 1 3) Defendant Marin will dismiss without prejudice any and all cross-claims arising out of the 2 events or occurrences that are the subject of the Trujillo lawsuit, case number 1:16-cv- 3 00728-DAD-EPG, against defendant George; and 4 4) Defendant George will not file any cross-claims arising out of the events or occurrences 5 that are the subject of the Trujillo lawsuit, case number 1:16-cv-00728-DAD-EPG, against 6 defendant Marin. 7 In light of the parties’ stipulation, the aforementioned cross claims are dismissed without 8 prejudice and the Clerk of the Court is directed to terminate them from this action. See Fed. R. 9 Civ. P. 41(a)(1)(A)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). As also 10 stipulated to by the parties, any issues and counter claims between Peterson Trust and John 11 George will proceed and this order does not affect the proceedings with respect to issues raised 12 between those parties. 13 IT IS SO ORDERED. 14 Dated: October 25, 2016 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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