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Hernandez v. National Railroad Passenger Corp.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION


June 25, 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 [PROPOSED] ORDER THEREON

Pursuant to Federal Rule of Civil Procedure 41(a)(1), Plaintiff, GUADALUPE CRUZ CALDERON 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. Plaintiff, Guadalupe Cruz Calderon, the mother of decedent Eloy Suarez, passed away in January of 2005.

3. Accordingly, the Suarez Plaintiffs and the Rail Defendants hereby agree that Ms. Calderon's action should be and is dismissed and discontinued, with prejudice.

Each party to bear its own costs, expenses and attorney's fees.

DATED this 23rd day of June, 2009.

By: Peter J. McNulty, Esq. McNulty Law Firm 827 Moraga Drive Los Angeles, CA 90049 Telephone: (310) 471-2707 Fax: (310) 472-7014 Attorneys for Plaintiffs

By: B. Clyde Hutchinson, Esq. Lomardi, Loper & Conant, LLP Lake Merritt Plaza 1999 Harrison Street, Suite 2600 Oakland, CA 94612-3541 Telephone: (510) 433-2600 Fax: (510) 433-2699 Attorneys for Defendants

ORDER

With the above stipulation, all plaintiffs have dismissed all claims against defendants. As such, this Court directs the clerk to close this action.

IT IS SO ORDERED.

20090625

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