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United States v. Lyon

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 30, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
STEPHEN C. LYON; SUZANNE S. LYON; RUSSELL R. TONDA; DIANE M. TONDA; RAJENDRA JAMNADAS, PERSONAL REPRESENTATIVE THE ESTATE OF SHANTALIL JAMNADAS, DEFENDANTS.

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

JOINT STIPULATION AND ORDER FOR VOLUNTARY DISMISSAL WITH PREJUDICE AGAINST THIRD-PARTY DEFENDANT AND CROSS-CLAIMANT COOPER INDUSTRIES, LLC [Fed. R. Civ. Proc. 41(a)(2); L.R. 83-of 143] RELATED CROSS-COMPLAINTS and THIRD-PARTY COMPLAINTS

Pursuant to Federal Rule of Civil Procedure 41(a)(2) and (c) and Local Rule 83-143, Third-Party Defendant Cooper Industries, LLC, respectfully requests that this Court enter an order dismissing with prejudice the third-party claims asserted against Cooper Industries, LLC by Steven C. Lyon, Suzanne S. Lyon, Russell R. Tonda and Diane M. Tonda ("Lyons/Tondas"). In support of this request, the parties hereto would show the following:

1. The Lyons/Tondas' operative third-party complaint (Doc. 236, filed Mar. 26, 2008) asserts third-party claims against Cooper Industries, LLC (among other parties).

2. The Lyons/Tondas desire to dismiss with prejudice all of their third-party claims against Cooper Industries, LLC pursuant to Federal Rule of Civil Procedure 41(a)(2) as made applicable by Rule 41(c). Cooper Industries, LLC has no objection to such voluntary dismissal.

3. The parties hereto agree that they will bear their own costs with respect to the aforementioned third-party claims.

Accordingly, the parties hereto respectfully request that this Court enter an order dismiss with prejudice the third-party claims asserted against Cooper Industries, LLC by the Lyons/Tondas. Dated: November 24, 2009

IT IS SO ORDERED.

20091130

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