(CONSENT) Deldio v. Olson, et al.

Filing 24

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/14/2017 DISMISSING this action in its entirety, with prejudice; ORDERING each party to bear its own attorney's fees and costs. CASE CLOSED. (Michel, G.)

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1 2 3 4 Scott L. Johnson, SBN 184295 Hannah E. Mohr, SBN 294193 MATIASIC & JOHNSON LLP 44 Montgomery Street, Suite 3850 San Francisco, CA 94104 Phone: 415.675.1089 Facsimile: 415.675.1103 5 6 Attorneys for Plaintiffs JONARD DELDIO and RANDA ENGEL 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 Matiasic & Johnson LLP 44 Montgomery Street, Suite 3850 San Francisco, CA 94104 11 JONARD DELDIO; RANDA ENGEL, 12 Plaintiffs, 13 14 15 16 17 18 vs. RODNEY OLSON; PACCAR FINANCIAL; and DOES 1 THROUGH 25, INCLUSIVE, Defendants. ) CASE NO. 2:16-CV-02318-CKD ) ) ) STIPULATION FOR DISMISSAL ) AND ORDER ) ) ) ) ) ) ) ) ) ) 19 20 21 22 23 24 25 26 27 28 1 Stipulation For Dismissal & [Proposed] Order Deldio v. Olsen, et al.; Case No. 2:16-CV-02318-JAM-CKD 1 2 3 WHEREAS Plaintiffs Jonard Deldio and Randa Engel initially filed their Complaint in the Superior Court for the County of Sacramento (Case No. 34-2016-0019821) on August 2, 2016; WHEREAS this action was removed from the Superior Court for the County of 4 Sacramento to the United States District Court for the Eastern District of California on the basis of 5 6 7 8 9 10 Matiasic & Johnson LLP 44 Montgomery Street, Suite 3850 San Francisco, CA 94104 11 diversity jurisdiction on September 28, 2016; WHEREAS Defendants Rodney Olson, Sunrise Express, Inc., and PACCAR Financial (collectively referred to as “Defendants”) filed an Answer to the Complaint on October 5, 2016; WHEREAS this Court granted Defendants’ Motion For Partial Judgment on the Pleadings as to the loss of consortium claim asserted by Plaintiff Randa Engel on January 11, 2017; WHEREAS Plaintiff Jonard Deldio and Defendants participated in a mediation on March 12 13 14 15, 2017, and reached a settlement of all claims; THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiff Jonard Deldio 15 and Defendants, by and through their designated counsel of record, that the above-entitled action 16 should be dismissed, with prejudice, with each party to bear their own attorney’s fees and costs. 17 18 19 IT IS SO STIPULATED. Dated: April 11, 2017 MATIASIC & JOHNSON, LLP 20 By: /s/ Scott L. Johnson 21 Counsel for Plaintiff Jonard Deldio 22 23 24 25 26 27 Dated: April 11, 2017 CHOLAKIAN & ASSOCIATES, APC By: /s/ Russell Mortyn Counsel for Defendants Rodney Olsen, Sunrise Express, Inc., and PACCAR Financial 28 2 Stipulation For Dismissal & [Proposed] Order Deldio v. Olsen, et al.; Case No. 2:16-CV-02318-JAM-CKD 1 2 3 ORDER The Court having considered the stipulation of the parties, and for good cause appearing thereof, hereby orders as follows: 4 (1) This action is dismissed in its entirety, with prejudice, with each party to bear its 5 6 own attorney’s fees and costs. 7 8 9 10 Matiasic & Johnson LLP 44 Montgomery Street, Suite 3850 San Francisco, CA 94104 11 IT IS SO ORDERED. Dated: April 14, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Stipulation For Dismissal & [Proposed] Order Deldio v. Olsen, et al.; Case No. 2:16-CV-02318-JAM-CKD

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