Redevelopment Agency of the City of Stockton v. BNSF Railway Company et al

Filing 333

ORDER signed by Judge John A. Mendez on 11/4/2011 GRANTING 330 Motion to Amend the Judgment. The 327 Judgment is hereby AMENDED to sever Defendants' counterclaims for equitable indemnity, contribution and declaratory relief and consolidate them with Case No. 2:10-CV-00634-JAM-JFM. (Zignago, K.)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 THE REDEVELOPMENT AGENCY OF THE CITY OF STOCKTON, a public body corporate and politic, ) ) ) ) Plaintiff, ) ) v. ) ) BURLINGTON NORTHERN AND SANTA FE ) RAILWAY CORPORATION; UNION ) PACIFIC RAILROAD COMPANY; and ) DOES 1 through 100, ) ) Defendants. ) ) 18 Case No. 2:05-CV-02087 JAM-JFM ORDER GRANTING DEFENDANTS’ MOTION TO AMEND JUDGMENT AND CONSOLIDATE COUNTERCLAIMS This matter is before the Court on Defendants’ BNSF Railway 19 Company and Union Pacific Railroad Company (collectively 20 “Defendants”) Motion to Amend Judgment and Consolidate 21 Counterclaims (Doc. #330). 22 Judgment (Doc. #327) pursuant to Federal Rules of Civil Procedure 23 59(e) and 42(b), in order to sever Defendants’ counterclaims and 24 consolidate them with Case No. 2:10-CV-000634-JAM-JFM. 25 the Redevelopment Agency of the City of Stockton (“Plaintiff”) 26 filed a Statement of Non-Opposition to the motion (Doc. #331).1 Defendants ask the Court to amend its Plaintiff 27 1 28 This matter was determined to be suitable for decision without oral argument. E.D. Cal. L.R. 230(g). Oral argument was scheduled for November 2, 2011. 1 1 Having carefully considered the papers, the Court GRANTS 2 Defendants’ motion. 3 2011 (Doc. #327) is hereby amended to sever Defendants’ 4 counterclaims for equitable indemnity, contribution and declaratory 5 relief and consolidate them with Case No. 2:10-CV-00634-JAM-JFM. 6 7 Accordingly, the Court’s Judgment of July 28, IT IS SO ORDERED. Dated: November 4, 2011 ____________________________ JOHN A. MENDEZ, UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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