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United States v. Lyon

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION


December 10, 2009

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

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

JOINT STIPULATION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF THIRD-PARTY CLAIM AGAINST THIRD-PARTY DEFENDANT THE DOW CHEMICAL COMPANY

Pursuant to Federal Rule of Civil Procedure 41(a)(2) and (c) and Local rule 83-143, Third-Party Defendant The Dow Chemical Company, and Defendant/Third-Party Plaintiff Rajendra Jamnadas as the personal representative of the Estate of Shantilal Jamnadas ("Jamnadas") respectfully request that this Court enter an order dismissing without prejudice the third-party claims asserted against The Dow Chemical Company by Jamnadas. In support of this request, the parties hereto would show the following:

1. Jamnadas' operative Third-Party Complaint (Doc. 236), filed March 26, 2008) asserts third-party claims against The Dow Chemical Company (among other parties).

2. Jamnadas desires to dismiss without prejudice its third-party claims against The Dow Chemical Company pursuant to Federal Rule of Civil Procedure 41(a)(2) as made applicable by Rule 41(c). The Dow Chemical Company has no objection to such voluntary dismissal.

3. The parties agree 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 dismissing without prejudice the third-party claims asserted against The Dow Chemical Company by Jamnadas.

Dated: December 10, 2009

RAJENDRA JAMNADAS, as personal representative of the ESTATE OF SHANTILAL JAMNADAS and Third Party Defendant RAJENDRA JAMNADAS, individually

FILICE BROWN EASSA & McLEOD LLP RICHARD V. NORMINGTON (as authorized on December 10, 2009) Attorney for Third-Party Defendant THE DOW CHEMICAL COMPANY

IT IS SO ORDERED.

20091210

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