Ledbetter v. Swissport Fueling, Inc.

Filing 43

STIPULATION AND ORDER re 39 Stipulation, filed by Swissport Fueling, Inc., Cory Ledbetter, MMI Tank, Inc.. Signed by Judge ARMSTRONG on 12/15/11. (lrc, COURT STAFF) (Filed on 12/16/2011)

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PETER F. SAMUEL, Bar No. 072503
ROBERT F. SAMUEL, Bar No. 126928
SAMUEL and SAMUEL
5050 Sunrise Boulevard, Suite C-1
Fair Oaks, CA 95628
Phone: [phone]
Fax: [phone]
E-mail:[e-mail]
Attorneys for Plaintiff,
CORY LEDBETTER
GARTH W. AUBERT, Bar No. 162877
STEPHANIE N. BRIE, Bar No. 252603
FITZPATRICK & HUNT ET AL, LLP
633 W 5TH STREET, 60TH FLOOR
LOS ANGELES, CA 90071
Phone: [phone]
Attorneys for Defendant,
SWISSPORT FUELING, INC.
EMILY D. BERGSTROM, Bar No. 191395
PATRICK J. BECHERER, Bar No. 050090
BECHERER KANNETT & SCHWEITZER
1255 POWELL ST
EMERYVILLE, CA 94608
Phone: [phone]
Attorneys for Third Party Defendant,
MMI TANK, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No. 4:11-cv-1405-SBA

CORY LEDBETTER

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Plaintiffs,

Assigned for All Purposes to District Court
Judge Saundra Brown Armstrong

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v.

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SWISSPORT FUELING, INC., a Delaware
Corporation; DOES 1 through 20, inclusive,

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Defendants
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JOINT STIPULATION TO PERMIT
PLAINTIFF TO AMEND COMPLAINT AND
FILE FIRST AMENDED COMPLAINT TO
ADD MMI, INC. AS A NAMED
DEFENDANT, DISMISS SWISSPORT
FUELING INC. WITH PREJUDICE,
REQUEST THE COURT TO ALLOW MMI,
INC. TO FILE A THIRD PARTY
COMPLAINT AGAINST COR-RAY
PAINTING; AND ORDER THEREON

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IT IS HEREBY STIPULATED by and between the parties hereto, through their respective
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counsel, that this Court allow Plaintiff CORY LEDBETTER to amend his complaint to further specify

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MMI TANK, INC. as a Defendant, who will accept service of same via email as proper service on

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MMI TANK, INC. The Amended Complaint shall be filed and served within ten days of this order, and

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MMI TANK, INC.’s answer therefore will be due twenty-one (21) days from said date.

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Plaintiff CORY LEDBETTER also agrees to dismiss his claims against SWISSPORT
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FUELING, INC. with prejudice, in exchange for which SWISSPORT FUELING, INC. agrees to waive

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its right to recover costs from Plaintiff CORY LEDBETTER only. This agreement shall have no

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impact on SWISSPORT FUELING, INC.’s third-party claims against MMI TANK, INC. which shall

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remain in full force and effect. The dismissal shall be filed within twenty (20) days from the date the

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Court signs this Order
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It is further agreed that MMI TANK, INC. shall be allowed to file a Third Party Complaint

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against Cor-Ray Painting within the time period specified in the Federal Rules of Civil Procedure and

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local rules of this Court.

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This Stipulation shall be submitted to the Court forthwith.
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SAMUEL and SAMUEL
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Dated: October 11, 2011

By:

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___________________________________
ROBERT F. SAMUEL, ESQ.
Attorneys for Plaintiff,
CORY LEDBETTER

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FITZPATRICK & HUNT ET AL, LLP

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Dated: October 11, 2011

By:

__ _________________________________
STEPHANIE N. BRIE, ESQ.
Attorneys for Defendant
SWISSPORT FUELING, INC.

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BECHERER KANNETT & SCHWEITZER

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Dated: October 11, 2011

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By:

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EMILY D. BERGSTROM, ESQ.
Attorneys for Defendant
MMI, INC.

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ORDER

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The Parties Having Stipulated to the above and Good Cause appearing therefore, it is ordered

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that Plaintiff file his First Amended Complaint within ten (10) days from the date of this Order, that

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Plaintiff dismiss his claims against Swissport Fueling, Inc., with prejudice, within twenty (20) days

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from the date of this Order, that MMI Tank, Inc. accept service of the First Amended Complaint and

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answer same within twenty-one (21) days from the date of this Order and MMI Tank, Inc. may file a

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Third Party Complaint adding Cor-Ray Painting as a Third Party Defendant within the Federal Rules of

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Civil Procedure and Rules of this Court.

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IT IS SO ORDERED.

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Dated: 12/15/11

___________
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UNITED STATES DISTRICT JUDGE

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