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Hernandez v. National Railroad Passenger Corp.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION


June 2, 2009

EDITH RODRIGUEZ HERNANDEZ; ELOY SUAREZ RODRIGUEZ, BY AND THROUGH HIS GUARDIAN AD LITEM, JESUS SUAREZ; EZEQUIEL SUAREZ-RODRIGUEZ, BY AND THROUGH HIS GUARDIAN AD LITEM, JESUS SUAREZ; DIANA SUAREZ RODRIGUEZ, BY AND THROUGH HIS GUARDIAN AD LITEM, JESUS SUAREZ PLAINTIFF,
v.
NATIONAL RAILROAD PASSENGER CORPORATION ("AMTRAK"), ET AL., DEFENDANT

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

STIPULATION OF DISMISSAL AND ORDER THEREON

Pursuant Federal Rule of Civil Procedure 41(a)(1), Plaintiffs, EDITH RODRIGUEZ HERNANDEZ; FRANCISCO SUAREZ; ELOY SUAREZ RODRIGUEZ, by and through his Guardian ad Litem, JESUS SUAREZ; EZEQUIEL SUAREZ-RODRIGUEZ, by and through his Guardian ad Litem, JESUS SUAREZ; DIANA SUAREZ RODRIGUEZ, by and through his Guardian ad Litem, JESUS SUAREZ (collectively "Suarez Plaintiffs") and Defendants NATIONAL RAILROAD PASSENGER CORPORATION ("AMTRAK"); BURLINGTON NORTHERN AND SANTE FE RAILWAY CO.; WALTER WARD and W.M. DIKE (collectively "Rail Defendants"), hereby stipulate as follows:

1. The Suarez Plaintiffs and the Rail Defendants have entered into a mutual release/settlement in which the parties have agreed to compromise, settle and resolve their disputes on the terms and conditions set forth therein. Defendants acknowledge receipt of the fully and properly executed Releases and Plaintiffs acknowledge receipt of the settlement funds on May 26, 2009.

2. Accordingly, the Suarez Plaintiffs and the Rail Defendants hereby agree that this action should be and is dismissed and discontinued, with prejudice. Each party to bear its own costs, expenses and attorney's fees.

IT IS SO ORDERED.

20090602

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