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United States v. Lyon

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION


January 13, 2010

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 SHANTALIL JAMNADAS, DEFENDANTS.

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

JOINT STIPULATION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF MBL'S CROSS-CLAIM AGAINST THIRD-PARTY DEFENDANT AND CROSS-CLAIMANT LEGACY VULCAN CORP. [Fed. R. Civ. Proc. 41(a)(2); L.R. 83-143]

AND 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 and Cross-Claimant Legacy Vulcan Corp. ("Vulcan") (erroneously sued as "Vulcan Materials Company") and Third Party Defendant/Cross Claimant M.B.L. Inc. ("MBL") respectfully request that this Court enter an order dismissing without prejudice MBL's cross-claim against Vulcan. In support of this request, Vulcan and MBL would show the following:

1. MBL's operative cross-claim (Doc. 139, filed Jan. 28, 2008) asserts a cross-claim against Vulcan (among other parties).

2. MBL desires to dismiss without prejudice its cross-claim against Vulcan pursuant to Federal Rule 41(a)(2), as made applicable by Rule 41(c). Vulcan has no objection to such voluntary dismissal.

3. Vulcan and MBL agree that they will bear their own costs with respect to the aforementioned cross-claim.

4. The dismissal of MBL's cross-claim against Vulcan will terminate the last remaining claim for relief asserted against Vulcan in this action.

Accordingly, the parties hereto respectfully request that this Court enter an order dismissing without prejudice MBL's cross-claim against Vulcan, with the parties to bear their own costs with respect to such claim.

DATED: January 12, 2010

MUNGER, TOLLES & OLSON LLP Patrick J. Cafferty, Jr. Blanca F. Young Attorneys for Third Party Defendant, Cross-Defendant, and Cross-Claimant LEGACY VULCAN CORP.

HAMRICK & EVANS, LLP A. Raymond Hamrick, III Douglas K. Lackey Attorneys for Third Party Defendant and Cross-Claimant M.B.L., INC.

IT IS SO ORDERED.

20100113

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