Driver v. Pape Kenworth et al

Filing 14

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 1/11/18 STRIKING second cause of action from Complaint. (Kaminski, H)

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CHARLES S. PAINTER (SBN 89045)
REBECCA L. MENENDEZ (SBN 262487)
ERICKSEN ARBUTHNOT
100 Howe Avenue, Suite 110 South
Sacramento, CA 95825-8201
[phone] Telephone
[phone] Facsimile

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Attorneys for Defendant, Papé Trucks, Inc.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROGER DRIVER,
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Plaintiff,
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vs.
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PAPÉ KENWORTH; THE PAPÉ GROUP,
INC.; PAPÉ TRUCKS, INC.; PAPÉ
TRUCK LEASING, INC.; PAPÉ
PROPERTIES, INC.; PAPÉ MATERIAL
HANDLING, INC.; PAPÉ MACHINERY
HANDLING, INC.; ENGINEERED
PRODUCTS, A PAPÉ COMPANY ; PAPÉ
D.W., INC.; and DOES 1-100
Defendants.
___________________________________

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Case No.: 2:17-CV-01968- KJN

JOINT STIPULATION TO STRIKE
SECOND CAUSE OF ACTION FROM
COMPLAINT

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WHEREAS plaintiff filed his complaint on September 21, 2017.

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WHEREAS on December 7, 2017 the parties stipulated to dismiss, without prejudice,

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all defendants except defendant, Papé Trucks, Inc. an Oregon corporation.(See ECF No. 8)
WHEREAS the parties have agreed and stipulated by and through their respective

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undersigned counsel that the second cause of action entitled Negligence – Conscious Disregard

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for the Safety of Others at page 5 lines 11 through page 5 line 16 and the Prayer for Relief,

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section I at page 6 line 2 is stricken without prejudice by way of this stipulation.

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THEREFORE plaintiff and defendant, by and through their respective undersigned

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counsel, hereby stipulate that the second cause of action in the Complaint entitled Negligence –

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Conscious Disregard for the Safety of Others at page 5 lines 11 through page 5 line 16 and the

STIPULATION TO STRIKE SECOND CAUSE OF ACTION
17-089/PLEADING.007
- 1 CSP:RLM:ep

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Prayer for Relief, section I regarding punitive damages at page 6 line 2 is stricken without

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prejudice from the complaint by way of this stipulation.

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DATED: January __, 2018
ERICKSEN ARBUTHNOT

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By
CHARLES S. PAINTER
REBECCA L. MENENDEZ
Attorneys for Defendants

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DATED: January __, 2018
CUTTER LAW P.C.

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By
C. BROOKS CUTTER
CELINE E. CUTTER
Attorneys for Plaintiff, ROGER DRIVER.

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IT IS SO ORDERED
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Dated: January 11, 2018
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STIPULATION TO STRIKE SECOND CAUSE OF ACTION
17-089/PLEADING.007
- 2 CSP:RLM:ep