Randy's Trucking, Inc. et al v. National Railroad Passenger Corporation et al
Filing
154
STIPULATION and ORDER REMANDING CASE to Kern County Superior Court as to Garcia Plaintiffs' Claims Against Randy's Trucking, Inc., signed by Judge Oliver W. Wanger on 5/26/2010. Copy of remand order sent. (Jessen, A)
<![CDATA[
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Michael D. Ott, #064454 David J. Frankenberger, #186140 ERICKSEN ARBUTHNOT Attorneys At Law 2440 West Shaw Avenue, Suite 101 Fresno, California 93711 P: (559) 449-2600 F: (559) 449-2603 Attorneys for Plaintiff/Counterdefendant/Counterclaimant/Cross-Defendant/CrossClaimant/Third Party Plaintiff RANDY'S TRUCKING, INC., Plaintiff STAR INSURANCE COMPANY, and Cross-Defendant/Counterclaimant/Cross-Claimant/Third Party Plaintiff FERNANDO M. SANDOVAL UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION ) ) ) ) Plaintiffs, ) ) ) v. ) ) CITY OF SHAFTER, etc., et al, ) ) ) Defendants. _______________________________________) ) ) AND RELATED ACTIONS, CROSS) ACTIONS, AND THIRD PARTY ACTIONS ) ) RANDY'S TRUCKING, INC. and STAR INSURANCE COMPANY, Case No. 1:08-CV-00819 OWW DLB STIPULATION AND ORDER REMANDING CASE TO KERN COUNTY SUPERIOR COURT, AS TO GARCIA PLAINTIFFS' CLAIMS AGAINST RANDY'S TRUCKING, INC.
WHEREAS, this Court has granted the motion of Defendants National Railroad Passenger Corporation and BNSF Railway Company for a finding that their settlement with the Garcia plaintiffs was in good faith; and WHEREAS, the only basis for federal jurisdiction of the Garcia claims was for the claims against National Railroad Passenger Corporation, which claims have now been resolved in good faith as between those parties; and WHEREAS, the Garcia plaintiffs' only remaining claims are against Randy's Trucking,
1 __________________________________________________________________ STIPULATION AND ORDER
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Inc.; and WHEREAS, the Garcia plaintiffs and Randy's Trucking, Inc. wish to have that portion of this case removed from this Court to the Kern County Superior Court, where the Garcia Complaint was originally filed; NOW THEREFORE, it is hereby stipulated by and between the Garcia plaintiffs and Randy's Trucking, Inc. that the remaining claims of the Garcia plaintiffs may be remanded back to the Superior of California for the County of Kern, forthwith, for further proceedings in said Court.
DATED: May 26, 2010
ERICKSEN ARBUTHNOT By __/s/ Michael D. Ott_______ Michael D. Ott 2440 W. Shaw Ave., #101 Fresno, CA 93711 mott@ericksenarbuthnot.com P: 559-449-2600 F: 559-449-2603 Attorneys for Plaintiff/Counterdefendant/ Counterclaimant/Cross-Defendant/CrossClaimant/Third Party Plaintiff RANDY'S TRUCKING, INC., Plaintiff STAR INSURANCE COMPANY, and CrossDefendant/Counterclaimant/CrossClaimant/Third Party Plaintiff FERNANDO M. SANDOVAL
DATED: April ___, 2010
WILLIAM MARGOLIN By __/s/ William Margolin______ William Margolin Attorneys for Plaintiffs ROBERT GARCIA; RACHEL GARCIA; JESSICA GARCIA; ERICA GARCIA, a minor by/through guardian ad litem Robert Garcia
2 __________________________________________________________________ STIPULATION AND ORDER
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
DEAC_Signature-END:
ORDER REMANDING CASE TO SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF KERN
Based upon the Stipulation of the parties, and the Court's Order finding that the settlement between the Garcia plaintiffs and National Railroad Passenger Corporation and BNSF Railway Company was made in good faith, all remaining claims of the Garcia plaintiffs now pending in this matter are hereby remanded to the Superior of California for the County of Kern, forthwith, for further proceedings in said Court.
IT IS SO ORDERED. Dated:
May 26, 2010
/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE
16 17 18 19 20 21 22 23 24 25 26 27 28
emm0d64h
3 __________________________________________________________________ STIPULATION AND ORDER
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
