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Randy's Trucking, Inc. v. City of Shafter

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA -- FRESNO DIVISION


April 27, 2010

RANDY'S TRUCKING, INC. AND STAR INSURANCE COMPANY, PLAINTIFFS,
v.
CITY OF SHAFTER, ETC., ET AL, DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

AND RELATED ACTIONS, CROSS- ACTIONS, AND THIRD PARTY ACTIONS

STIPULATION AND ORDER TO VACATE REFERENCE TO MAGISTRATE JUDGE BECK

WHEREAS, Plaintiffs Randy's Trucking, Inc., and Star Insurance Company, and Defendants BNSF Railway Company and National Railroad Passenger Corporation, and two other parties who have since been dismissed from this matter, all executed consents to permit Magistrate Judge Dennis L. Beck to conduct all matters in this proceeding at the outset of this litigation; and

WHEREAS, new parties Robert Garcia, Rachel Garcia, Jessica Garcia, and Erica Garcia, Roi Smith, and Tina Knott, have been added to this litigation through consolidation of their separate cases, subsequent to the referral of this matter to Magistrate Dennis L. Beck for all purposes; and

WHEREAS, counsel for the Garcia plaintiffs, Roi Smith, and Tina Knott, have never executed consents to have any magistrate judge conduct all proceedings in this matter; and

WHEREAS, the Court has recently reassigned this matter to Magistrate Judge Sheila K. Oberto; and

WHEREAS, the original parties who consented to have Magistrate Judge Dennis L. Beck conduct all proceedings in this matter would now prefer that United States District Judge Oliver Wanger, rather than the newly assigned Magistrate Judge Sheila K. Oberto, conduct the trial in this matter;

NOW THEREFORE, it is hereby stipulated by and between Plaintiffs Randy's Trucking, Inc., and Star Insurance Company, and Defendants BNSF Railway Company and National Railroad Passenger Corporation, through their respective counsel of record that said parties jointly request that United States District Judge Oliver Wanger issue an order vacating the referral to Magistrate Judge Dennis L. Beck pursuant to Rule 73(b)(3) of the Federal Rules of Civil Procedure, and that United States District Judge Oliver Wanger conduct the trial in this matter.

It is further agreed that this stipulation may be executed in counterparts.

Counsel for the Garcia plaintiffs, Roi Smith, and Tina Knott, have not been presented with this Stipulation, in view of the fact that those parties never executed a consent for Magistrate Judge Dennis L. Beck, or any other magistrate judge, to conduct all proceedings in this matter.

[signature page to follow]

ORDER VACATING REFERENCE TO MAGISTRATE JUDGE

Based upon the stipulation of the parties who consented to the referral of this matter to Magistrate Judge Dennis L. Beck for all purposes, based upon the change of circumstances in this case, and good cause appearing,

IT IS HEREBY ORDERED that the referral of this matter to a United States Magistrate Judge be, the same hereby is, vacated.

20100427

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