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

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


May 26, 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 REMANDING CASE TO KERN COUNTY SUPERIOR COURT, AS TO GARCIA PLAINTIFFS' CLAIMS AGAINST RANDY'S TRUCKING, INC.

WHEREAS, this Court has granted the motion of Defendants National Railroad Passenger Corporation and BNSF Railway Company for a finding that their settlement with the Garcia plaintiffs was in good faith; and

WHEREAS, the only basis for federal jurisdiction of the Garcia claims was for the claims against National Railroad Passenger Corporation, which claims have now been resolved in good faith as between those parties; and

WHEREAS, the Garcia plaintiffs' only remaining claims are against Randy's Trucking, Inc.; and

WHEREAS, the Garcia plaintiffs and Randy's Trucking, Inc. wish to have that portion of this case removed from this Court to the Kern County Superior Court, where the Garcia Complaint was originally filed;

NOW THEREFORE, it is hereby stipulated by and between the Garcia plaintiffs and Randy's Trucking, Inc. that the remaining claims of the Garcia plaintiffs may be remanded back to the Superior of California for the County of Kern, forthwith, for further proceedings in said Court.

DATED: May 26, 2010

ERICKSEN ARBUTHNOT

Michael D. Ott 2440 W. Shaw Ave., #101 Fresno, CA 93711 mott@ericksenarbuthnot.com P: 559-449-2600 -- F: 559-449-2603 Attorneys for Plaintiff/Counterdefendant/ Counterclaimant/Cross-Defendant/Cross- Claimant/Third Party Plaintiff RANDY'S TRUCKING, INC., Plaintiff STAR INSURANCE COMPANY, and Cross- Defendant/Counterclaimant/Cross- Claimant/Third Party Plaintiff FERNANDO M. SANDOVAL

DATED: April ___, 2010

WILLIAM MARGOLIN

William Margolin Attorneys for Plaintiffs

ROBERT GARCIA; RACHEL GARCIA; JESSICA GARCIA; ERICA GARCIA, a minor by/through guardian ad litem Robert Garcia

ORDER REMANDING CASE TO SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF KERN

Based upon the Stipulation of the parties, and the Court's Order finding that the settlement between the Garcia plaintiffs and National Railroad Passenger Corporation and BNSF Railway Company was made in good faith, all remaining claims of the Garcia plaintiffs now pending in this matter are hereby remanded to the Superior of California for the County of Kern, forthwith, for further proceedings in said Court.

IT IS SO ORDERED.

20100526

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