Steffen v. Union Pacific Railroad Company et al

Filing 16

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 1/5/17: Plaintiff is granted leave to file the First Amended Complaint, which is to be filed within fourteen (14) days of this Order. (Kaminski, H)

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1 4 ROBERT A. BUCCOLA, ESQ. / SBN: 112880 HANK G. GREENBLATT, ESQ. / SBN: 143415 DREYER BABICH BUCCOLA WOOD CAMPORA, LLP 20 Bicentennial Circle Sacramento, CA 95826 Telephone: (916) 379-3500 Facsimile: (916) 379-3599 5 Attorneys for Plaintiff 2 3 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KATIE M. STEFFEN, 12 Plaintiff, 13 v. 14 15 16 Case No.: 2:15-CV-01025-TLN-KJN STIPULATION AND ORDER GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation, BRIAN L. KLINE, and DOES 1 through 10, inclusive, Defendants. 17 18 Plaintiff, KATIE M. STEFFEN, and defendants UNION PACIFIC RAILROAD COMPANY, a 19 Delaware Corporation, and BRIAN L. KLINE, submit the following Joint Stipulation and request that 20 the Court grant Plaintiff leave to add PACIFIC EXCAVATION, INC. and M & M ELECTRIC to this 21 action and file a First Amended Complaint pursuant to Rule 15(a) of the Federal Rules of Civil 22 Procedure: 23 1. Plaintiff filed her complaint on April 7, 2016 in Yolo County Superior Court; 24 2. On May 11, 2015, Defendants removed Plaintiff’s complaint to the Eastern District of California; 25 26 3. On May 11, 2015, Defendants filed and served their answer to Plaintiff’s complaint; 27 4. While in the course of taking depositions and other discovery, Union Pacific has 28 developed a new defense, that another entity may be liable to the Plaintiff, based on what is now -1STIPULATION AND ORDER GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT 1 believed to be a potentially faulty installation and/or design of a breakaway light pole that 2 Plaintiff’s vehicle struck at the time of the accident. 3 6. The parties have met and conferred regarding the addition of Defendants in Plaintiff’s 4 proposed First Amended Complaint and Defendants have agreed to Plaintiff’s request for this 5 stipulation. 6 NOW, THEREFORE, the parties hereby stipulate and request that the Court grant Plaintiff’s 7 leave to file a First Amended Complaint in this action, which is to be filed within fourteen (14) 8 days of this Order. 9 IT IS SO STIPULATED. 10 11 DATED: DREYER BABICH BUCCOLA WOOD CAMPORA, LLP 12 By: /s/ Robert A. Buccola ROBERT A. BUCCOLA Attorney of Plaintiff 13 14 15 16 DATED: UNION PACIFIC RAILROAD COMPANY LAW DEPARTMENT 17 By: /s/ John D. Feeney JOHN D. FEENEY Attorney for Defendants 18 19 20 ORDER 21 22 23 Good cause appearing, IT IS HEREBY ORDERED that Plaintiff is granted leave to file the First Amended Complaint, which is to be filed within fourteen (14) days of this Order. 24 25 Dated: January 5, 2017 26 27 Troy L. Nunley United States District Judge 28 -2STIPULATION AND ORDER GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT

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