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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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: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KATIE M. STEFFEN,

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Plaintiff,

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v.

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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.

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Plaintiff, KATIE M. STEFFEN, and defendants UNION PACIFIC RAILROAD COMPANY, a

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Delaware Corporation, and BRIAN L. KLINE, submit the following Joint Stipulation and request that

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the Court grant Plaintiff leave to add PACIFIC EXCAVATION, INC. and M & M ELECTRIC to this

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action and file a First Amended Complaint pursuant to Rule 15(a) of the Federal Rules of Civil

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Procedure:

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1.

Plaintiff filed her complaint on April 7, 2016 in Yolo County Superior Court;

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2.

On May 11, 2015, Defendants removed Plaintiff’s complaint to the Eastern District
of California;

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3.

On May 11, 2015, Defendants filed and served their answer to Plaintiff’s complaint;

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4.

While in the course of taking depositions and other discovery, Union Pacific has

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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

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believed to be a potentially faulty installation and/or design of a breakaway light pole that

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Plaintiff’s vehicle struck at the time of the accident.

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6. The parties have met and conferred regarding the addition of Defendants in Plaintiff’s

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proposed First Amended Complaint and Defendants have agreed to Plaintiff’s request for this

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stipulation.

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NOW, THEREFORE, the parties hereby stipulate and request that the Court grant Plaintiff’s

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leave to file a First Amended Complaint in this action, which is to be filed within fourteen (14)

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days of this Order.

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IT IS SO STIPULATED.

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DATED:

DREYER BABICH BUCCOLA WOOD CAMPORA, LLP

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By: /s/ Robert A. Buccola
ROBERT A. BUCCOLA
Attorney of Plaintiff

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DATED:

UNION PACIFIC RAILROAD COMPANY LAW DEPARTMENT

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By: /s/ John D. Feeney
JOHN D. FEENEY
Attorney for Defendants

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ORDER

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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.

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Dated: January 5, 2017

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Troy L. Nunley
United States District Judge

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-2STIPULATION AND ORDER GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT