Horner v Paneltech International

Filing 30

STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 11/16/10: Plaintiff may file a Third Amended Complaint to name new defendants. Answers filed by defendants Paneltech International, LLC. and Central Oregon & Pacific Railroad Inc. to plaintiff's Second Amended Complaint shall be deemed to apply to this Third Amended Complaint without further notice or filing of papers. (Kaminski, H)

Horner v Paneltech International

Doc. 3

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REINER, SIMPSON & SLAUGHTER
2851 Park Marina Drive, Suite 200 Post Office Box 494940 Redding, CA 96049-4940 [phone] FAX [phone]
Russell Reiner, State Bar No. 84461 Robert G. Simpson, State Bar No. 67556 Todd E. Slaughter, State Bar No. 87753

LAW OFFICES OF

Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

EDDIE HORNER, Plaintiff,

Case No. 2:09-CV-01564-FCD-CMK STIPULATION AND ORDER FOR FILING THIRD AMENDED COMPLAINT

PANELTECH INTERNATIONAL, LLC; Et al., Defendants. __________________________________/ AND ALL RELATED CROSS-CLAIMS / AND THIRD PARTY ACTIONS. WHEREAS, Plaintiff has just learned that the party sued as Defendant THE GREENBRIER COMPANIES, INC., in the Second Amended Complaint was erroneously named, and that the true name for this defendant is GUNDERSON RAIL SERVICES, LLC aka GREENBRIER RAIL SERVICES. By this Third Amended Complaint, Plaintiff seeks to substitute defendant GUNDERSON RAIL SERVICES, LLC aka GREENBRIE RAIL SERVICES for the erroneously named as defendant THE GREENBRIER COMPANIES, INC. in the Second amended Complaint. Accordingly, the parties have stipulated as follows:

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Dockets.Justia

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 28 Dated: November 16, 2010 IT IS SO ORDERED. Dated: November 16, 2010 LOMBARDI, LOPER & CONANT, LLP By: _________/s/_____________ B. CLYDE HUTCHINSON Attorney for Defendant, CrossDefendant/Cross-Complainant, CENTRAL OREGON PACIFIC RAILROAD INC Dated: November 16, 2010 IT IS HEREBY STIPULATED by and between the parties hereto, through their respective attorneys of record, that Plaintiff may file a Third Amended Complaint to name new defendants, GUNDERSON RAIL SERVICES, LLC aka GREENBRIER RAIL SERVICES, a copy of which is attached hereto. IT IS FURTHER STIPULATED that the Answers filed by Defendants PANELTECH INTERNATIONAL, LLC and CENTRAL OREGON PACIFIC RAILROAD INC. to Plaintiff's Second Amended Complaint shall be deemed to apply to this Third Amended Complaint without further notice or filing of papers. Dated: November 16, 2010 REINER, SIMPSON & SLAUGHTER By: ________/s/_______________ TODD E. SLAUGHTER Attorney for Plaintiff THE COSTA LAW FIRM By: _________/s/_____________ DANIEL P. COSTA Attorney for Defendant/CrossComplainant/Cross Defendant, Paneltech International LLC

_______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE
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