Pelling v. Amtrak et al

Filing 19

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 1/10/2017 DISMISSING with prejudice Defendant National Railroad Passenger Corporation, service mark AMTRAK, erroneously sued and served as Amtrak, Inc. only. The Court also dismisses Cross-Claimant National Railroad Passenger Corporation, service mark AMTRAK, cross-claim against City of Sacramento. The City of Sacramento shall not file any adverse action against National Railroad Passenger Corporation. (Washington, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LESLIE PELLING,
Plaintiff,
v.
AMTRAK, INC. and CITY OF

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Defendants.

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Case No.: 2:15-cv-01378-MCE-KJN
ORDER ON JOINT STIPULATED
MOTION TO DISMISS
PLAINTIFF’S COMPLAINT
AGAINST DEFENDANT
NATIONAL RAILROAD
PASSENGER CORPORATION
ONLY, WITH PREJUDICE,
PURSUANT TO FRCP RULE
41(a)(1)(A)(ii), AND TO DISMISS
CROSS-CLAIMANT’S CROSSCLAIM AGAINST THE CITY OF
SACRAMENTO PURSUANT TO
FRCP RULE 41(a)(1)(A)(ii) and
41(c)

THE COURT, having reviewed and approved the Joint Stipulated Motion to
Dismiss Plaintiff’s Complaint against Defendant National Railroad Passenger
Corporation only, with prejudice, pursuant to Federal Rules of Civil Procedure, Rule
41(a)(1)(A)(ii), and to dismiss Cross-Claimant National Railroad Passenger
Corporation’s cross-claim against Cross-Defendant the City of Sacramento, pursuant
to Federal Rules of Civil Procedure, Rule 41(a)(1)(A)(ii) and 41(c), orders as
follows:
-1ORDER ON JOINT STIPULATED MOTION TO DISMISS PLAINTIFF’S COMPLAINT AGAINST DEFENDANT NATIONAL
RAILROAD PASSENGER CORPORATION ONLY, WITH PREJUDICE, PURSUANT TO FRCP RULE 41(a)(1)(A)(ii), AND TO
DISMISS CROSS-CLAIMANT’S CROSS-CLAIM AGAINST THE CITY OF SACRAMENTO PURSUANT TO FRCP RULE

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IT IS ORDERED THAT the Joint Stipulated Motion to Dismiss is approved.

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The Court dismisses Plaintiff’s Civil Complaint in United States District Court

3 Case Number 2:15-CV-01378-MEC-KJN only as to Defendant NATIONAL
4 RAILROAD PASSENGER CORPORATION, service mark AMTRAK, erroneously
5 sued and served as Amtrak, Inc., with prejudice. Plaintiff and Defendant
6 NATIONAL RAILROAD PASSENGER CORPORATION, service mark
7 AMTRAK, each shall waive and bear their own costs, expenses, and attorneys’ fees
8 with respect to any claims they have or had against each other.
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The Court also dismisses Cross-Claimant NATIONAL RAILROAD

10 PASSENGER CORPORATION, service mark AMTRAK’s cross-claim in United
11 States District Court Case Number 2:15-CV-01378-MEC-KJN against Cross12 Defendant the CITY OF SACRAMENTO, with each side to waive and bear its own
13 attorneys’ fees, costs, and expenses. The CITY OF SACRAMENTO shall not file
14 any adverse action against NATIONAL RAILROAD PASSENGER
15 CORPORATION, service mark AMTRAK, arising from or related to Plaintiff’s
16 claims in United States District Court Case Number 2:15-CV-01378-MEC-KJN.
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The case remains pending in all other respects.

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IT IS SO ORDERED.

19 Dated: January 10, 2017
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-2ORDER ON JOINT STIPULATED MOTION TO DISMISS PLAINTIFF’S COMPLAINT AGAINST DEFENDANT NATIONAL
RAILROAD PASSENGER CORPORATION ONLY, WITH PREJUDICE, PURSUANT TO FRCP RULE 41(a)(1)(A)(ii), AND TO
DISMISS CROSS-CLAIMANT’S CROSS-CLAIM AGAINST THE CITY OF SACRAMENTO PURSUANT TO FRCP RULE