AT&T Mobility, LLC v. Yeager, et al.

Filing 306

ORDER signed by District Judge Kimberly J. Mueller on 12/1/16 ORDERING that Intervener Victoria Yeager is substituted for General Charles E. "Chuck" Yeager (Ret.) for all purposes in the above-entitled matter, with the result that she steps into General Yeager's shoes from the date of this order forward. See Summit Canyon Res., LLC v. Barker, No. 215CV2167JADGWF, 2016 WL 740420, at *2 (D. Nev. Feb. 23, 2016) (internal quotation marks, footnotes, and alterations omitted) (quoting In re Bernal, 207 F.3d 595, 598 (9th Cir. 2000)) (substituted defendant bound by substituted-for defendant's prior decision); General Yeager is dismissed without prejudice, but this court retains jurisdiction to withdraw the dismissal should General Yeager's presence in the matter be necessary to protect the rights of General or Mrs. Yeager; The substitution and dismissal ordered above shall not be construed as a waiver of any rights or create an estoppel or impediment to General or Mrs. Yeager's rights, if any, to the interpleaded funds at issue in this matter, or to prosecute or defend any claim to the interpleaded funds. (Becknal, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AT&T MOBILITY LLC,

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Plaintiff,

Case No. 2:13-CV-00007-KJM-DB
ORDER ON MOTION FOR
SUBSTITUTION AND DISMSSAL

v.
GENERAL CHARLES E. “CHUCK”
YEAGER (RET.); ED BOWLIN; CONNIE
BOWLIN; AVIATION AUTOGRAPHS;
BOWLIN & ASSOCIATES, INC.; LAW
OFFICES OF JOANNA R. MENDOZA, P.C.;
DE LA PENA & HOLIDAY, LLP; LESSER
LAW GROUP,

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Defendants.

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GENERAL CHARLES E. “CHUCK”
YEAGER (RET.),

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Cross-Complainant,
v.
AT&T MOBILITY, LLC; ED BOWLIN;
CONNIE BOWLIN; BOWLIN &
ASSOCIATES, INC.; LAW OFFICES OF
JOANNA R. MENDOZA, P.C.; DE LA PENA
& HOLIDAY, LLP; LESSER LAW GROUP,

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Cross-Defendants.

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OHSUSA:765736835.1

ORDER ON MOTION FOR SUBSTITUTION AND
DISMISSAL
(CASE NO. 2:13-CV-00007-KJM-DB)

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Upon the Motion and the Memorandum of Points and Authorities of General Charles E.

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“Chuck” Yeager (Ret.) to Substitute Victoria Yeager for General Yeager for all purposes in the

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above-described matter, any responses thereto, and for good cause shown

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IT IS HEREBY ADJUDGED, ORDERED AND DECREED:

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1.

Intervener Victoria Yeager is substituted for General Charles E. “Chuck” Yeager

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(Ret.) for all purposes in the above-entitled matter, with the result that she steps into General

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Yeager’s shoes from the date of this order forward. See Summit Canyon Res., LLC v. Barker, No.

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215CV2167JADGWF, 2016 WL 740420, at *2 (D. Nev. Feb. 23, 2016) (internal quotation

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marks, footnotes, and alterations omitted) (quoting In re Bernal, 207 F.3d 595, 598 (9th Cir.

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2000)) (substituted defendant bound by substituted-for defendant’s prior decision).

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2.

General Yeager is dismissed without prejudice, but this court retains jurisdiction to

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withdraw the dismissal should General Yeager’s presence in the matter be necessary to protect

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the rights of General or Mrs. Yeager.

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3.

The substitution and dismissal ordered above shall not be construed as a waiver of

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any rights or create an estoppel or impediment to General or Mrs. Yeager’s rights, if any, to the

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interpleaded funds at issue in this matter, or to prosecute or defend any claim to the interpleaded

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funds.

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IT IS SO ORDERED:
Dated: December 1, 2016

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UNITED STATES DISTRICT JUDGE

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OHSUSA:765736835.1

-1-

ORDER ON MOTION FOR SUBSTITUTION AND
DISMISSAL
(CASE NO. 2:13-CV-00007-KJM-DB)