Steffen v. Union Pacific Railroad Company et al

Filing 33

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 3/7/17: Plaintiff is granted leave to file the Second Amended Complaint, which is to be filed with the Court within ten (10) days of this signed 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 SECOND AMENDED
COMPLAINT

UNION PACIFIC RAILROAD COMPANY, a
Delaware Corporation, BRIAN L. KLINE,
PACIFIC EXCAVATION, INC., AMERON POLE
PRODUCTS LLC,
Defendants.

Plaintiff, KATIE M. STEFFEN, and defendants UNION PACIFIC RAILROAD COMPANY, a
Delaware Corporation, and BRIAN L. KLINE, submit the following Joint Stipulation and request that
the Court grant plaintiff leave to add AMERON POLE PRODUCTS LLC to this action and file a
Second Amended Complaint pursuant to Rule 15(a) of the Federal Rules of Civil Procedure:
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Plaintiff filed her complaint on April 7, 2016 in Yolo County Superior Court;

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

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On May 11, 2015, defendants filed and served their answer to plaintiff’s complaint;

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

developed a new defense, that another entity may be liable to the Plaintiff, based on what is now
believed to be a potentially faulty installation and/or design of a breakaway light pole that
-1STIPULATION AND ORDER GRANTING LEAVE TO FILE SECOND AMENDED COMPLAINT

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Plaintiff’s vehicle struck at the time of the accident. Since this discovery, Plaintiff has been

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determining the correct and responsible parties.

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On January 6, 2017, Plaintiff filed her First Amended Complaint.

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The parties have met and conferred regarding the addition of defendants in

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plaintiff’s proposed Second Amended Complaint and Defendants have agreed to Plaintiff’s request

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for this stipulation.

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NOW, THEREFORE, the parties hereby stipulate and request that the Court grant plaintiff

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leave to file a Second Amended Complaint in this action, a true and correct copy of which is

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attached as Exhibit A hereto.

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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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DATED:

CHRISTENSEN EHRET LLP

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By: /s/ Marysia S. Okreglak
JENNIFER K. STINNETT
MARYSIA S. OKREGLAK
Attorney for Defendants

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

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ORDER

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Good cause appearing, IT IS HEREBY ORDERED that plaintiff is granted leave to file the

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Second Amended Complaint, which is to be filed with the Court within ten (10) days of this signed

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Order.

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Dated: March 7, 2017

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Troy L. Nunley
United States District Judge

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-3STIPULATION AND ORDER GRANTING LEAVE TO FILE SECOND AMENDED COMPLAINT