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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 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: (916) 966-4722 Fax: (916) 962-2219 E-mail:robert@samuellaw.com 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: (213)873-2139 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: (510) 658-3600 Attorneys for Third Party Defendant, MMI TANK, INC. 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 19 Case No. 4:11-cv-1405-SBA CORY LEDBETTER 20 Plaintiffs, Assigned for All Purposes to District Court Judge Saundra Brown Armstrong 21 22 v. 23 24 25 SWISSPORT FUELING, INC., a Delaware Corporation; DOES 1 through 20, inclusive, 26 Defendants 27 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 28 IT IS HEREBY STIPULATED by and between the parties hereto, through their respective - 1 - 1 counsel, that this Court allow Plaintiff CORY LEDBETTER to amend his complaint to further specify 2 MMI TANK, INC. as a Defendant, who will accept service of same via email as proper service on 3 MMI TANK, INC. The Amended Complaint shall be filed and served within ten days of this order, and 4 MMI TANK, INC.’s answer therefore will be due twenty-one (21) days from said date. 5 Plaintiff CORY LEDBETTER also agrees to dismiss his claims against SWISSPORT 6 7 FUELING, INC. with prejudice, in exchange for which SWISSPORT FUELING, INC. agrees to waive 8 its right to recover costs from Plaintiff CORY LEDBETTER only. This agreement shall have no 9 impact on SWISSPORT FUELING, INC.’s third-party claims against MMI TANK, INC. which shall 10 remain in full force and effect. The dismissal shall be filed within twenty (20) days from the date the 11 Court signs this Order 12 13 It is further agreed that MMI TANK, INC. shall be allowed to file a Third Party Complaint 14 against Cor-Ray Painting within the time period specified in the Federal Rules of Civil Procedure and 15 local rules of this Court. 16 This Stipulation shall be submitted to the Court forthwith. 17 SAMUEL and SAMUEL 18 19 20 Dated: October 11, 2011 By: 21 22 ___________________________________ ROBERT F. SAMUEL, ESQ. Attorneys for Plaintiff, CORY LEDBETTER 23 FITZPATRICK & HUNT ET AL, LLP 24 25 26 27 Dated: October 11, 2011 By: __ _________________________________ STEPHANIE N. BRIE, ESQ. Attorneys for Defendant SWISSPORT FUELING, INC. 28 - 2 - 1 BECHERER KANNETT & SCHWEITZER 2 3 Dated: October 11, 2011 4 5 By: __ _________________________________ EMILY D. BERGSTROM, ESQ. Attorneys for Defendant MMI, INC. 6 ORDER 7 8 The Parties Having Stipulated to the above and Good Cause appearing therefore, it is ordered 9 that Plaintiff file his First Amended Complaint within ten (10) days from the date of this Order, that 10 Plaintiff dismiss his claims against Swissport Fueling, Inc., with prejudice, within twenty (20) days 11 from the date of this Order, that MMI Tank, Inc. accept service of the First Amended Complaint and 12 answer same within twenty-one (21) days from the date of this Order and MMI Tank, Inc. may file a 13 Third Party Complaint adding Cor-Ray Painting as a Third Party Defendant within the Federal Rules of 14 Civil Procedure and Rules of this Court. 15 IT IS SO ORDERED. 16 17 Dated: 12/15/11 ___________ _ UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 - 3 -

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