Mangiaracina et al v. BNSF Railway Company et al

Filing 66

STIPULATION AND ORDER re 65 STIPULATION WITH PROPOSED ORDER re 61 First MOTION for Joinder of Necessary Party filed by Joel Mangiaracina. Signed by Judge Jon S. Tigar on June 15, 2017. (wsn, COURT STAFF) (Filed on 6/15/2017)

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Anthony S. Petru, Esq., State Bar No. 91399
[e-mail]
Paula A. Rasmussen, Esq., State Bar No. 258352
[e-mail]
HILDEBRAND, McLEOD & NELSON, LLP
Westlake Building
350 Frank H. Ogawa Plaza, 4th Floor
Oakland, CA 94612
TEL: [phone]
FAX: [phone]
Attorneys for Plaintiffs
JOEL MANGIARACINA & RANEE CHALOEICHEEP

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO

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JOEL MANGIARACINA and RANEE
CHALOEICHEEP,

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Plaintiffs,
v.
BNSF RAILWAY COMPANY, a corporation;
NATIONAL RAILROAD PASSENGER
CORPORATION dba AMTRAK; CONTRA
COSTA TRANSPORTATION AUTHORITY;
CONTRA COSTA COUNTY; and DOES 1 to 50,
inclusive,
Defendants.

CASE NO. 3:16-cv-05270 JST
Complaint Filed: 7/29/16
Trial Date: May 14, 2018

STIPULATION TO CONTINUE
DEFENDANTS NATIONAL PASSENGER
CORPORATION’S AND BNSF RAILWAY
COMPANY’S MOTION TO JOIN
NECESSARY PARTY
Date:
Time:
Crtrm:

July 13, 2017
2:00 p.m.
9 / 19th Floor

Assigned to Hon. Jon S. Tigar

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PARTIES’ STIPULATION TO CONTINUE DEFENDANTS’ MOTION TO JOIN
3:16-cv-05270 JST

IT IS HEREBY STIPULATED AND AGREED by and between Defendants BNSF

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RAILWAY COMPANY (“BNSF”), NATIONAL RAILROAD PASSENGER CORPORATION

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(“AMTRAK”), CONTRA COSTA COUNTY (“COUNTY”) and Plaintiffs JOEL MANGIARACINA

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& RANEE CHALOEICHEEP (“PLAINTIFFS”), by and through their respective counsel, to continue

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the currently scheduled Motion to Join Necessary Party as Voluntary or Involuntary Plaintiff [ECF No.

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61] currently set for July 13, 2017, to August 10, 2017.
Good cause exists to grant a continuance of Defendants’ Motion to Join for the following

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reasons:
a.

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Counsel for Plaintiffs, Paula A. Rasmussen, will be engaged in an Administrative Law

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Judge Hearing in the matter of Rothschild v. BNSF Railway Company, Case No., 2017-FRS-00003

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beginning July 11, 2017.
b.

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Counsel for Plaintiffs, Anthony S. Petru, will on a pre-planned vacation and out of town

beginning July 13, 2017

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b.

No party will be prejudiced by the requested continuance.

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c.

All parties have met and conferred and stipulated to an advancement of the hearing date.

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Based on the foregoing, the parties respectfully request that the Court accept this stipulation and

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issue an Order continuing AMTRAK’S and BNSF’S Motion to Join to August 10, 2017, or to a date

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agreeable to the Court’s calendar thereafter.

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PARTIES’ STIPULATION TO CONTINUE DEFENDANTS’ MOTION TO JOIN
3:16-cv-05270 JT

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The parties attest that concurrence in the filing of the foregoing document was obtained from
each of the signatories below.
IT IS SO STIPULATED
DATED: June 14, 2017

HILDEBRAND, McLEOD & NELSON, LLP.

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By:

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Paula Rasmussen
ANTHONY S. PETRU
PAULA RASMUSSN
Attorneys for Plaintiffs
JOEL MANGIARACINA & RANEE
CHALOEICHEEP
FLESHER SCHAFF & SCHROEDER, INC.

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DATED: June 14, 2017

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By:

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Jeremy Schroeder
JACOB D. FLESHER, ESQ. – SBN 210565
JASON W. SCHAFF, ESQ. – SBN 244285
JEREMY J. SCHROEDER, ESQ. – SBN 223118
Attorneys for defendant,
NATIONAL RAILROAD PASSENGER
CORPORATION dba AMTRAK and BNSF
RAILWAY COMPANY

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DATED: June 14, 2017

COUNTY OF CONTRA COSTA

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By:

Christopher Whitman
SHARON L. ANDERSON (SBN 94814)
County Counsel
CHRISTOPHER B. WHITMAN (SBN 223636)
Deputy County Counsel
Attorneys for Defendant
CONTRA COSTA COUNTY

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PARTIES’ STIPULATION TO CONTINUE DEFENDANTS’ MOTION TO JOIN
3:16-cv-05270 JT

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(PROPOSED ORDER)
Having reviewed and considered the parties’ Stipulation to Continue and good cause thereby
appearing.
IT IS HEREBY ORDERED that Defendants’ Motion to Join Necessary Party currently
scheduled on July 13, 2017 is continued to August 10, 2017 at 2:00 p.m. in Courtroom 9.
DATED: June 15, 2017

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Honorable Jon S. Tigar
United States District Judge

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PARTIES’ STIPULATION TO CONTINUE DEFENDANTS’ MOTION TO JOIN
3:16-cv-05270 JT