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The Redevelopment Agency of the City of Stockton, A Public Body Corporate and Politic v. Burlington Northern and Santa Fe Railway Corporation

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 4, 2011

THE REDEVELOPMENT AGENCY OF THE CITY OF STOCKTON, A PUBLIC BODY CORPORATE AND POLITIC, PLAINTIFF,
v.
BURLINGTON NORTHERN AND SANTA FE RAILWAY CORPORATION;
UNION PACIFIC RAILROAD COMPANY; AND DOES 1 THROUGH 100, DEFENDANTS.

ORDER GRANTING DEFENDANTS' MOTION TO AMEND JUDGMENT AND CONSOLIDATE COUNTERCLAIMS

This matter is before the Court on Defendants' BNSF Railway Company and Union Pacific Railroad Company (collectively "Defendants") Motion to Amend Judgment and Consolidate Counterclaims (Doc. #330). Defendants ask the Court to amend its Judgment (Doc. #327) pursuant to Federal Rules of Civil Procedure 59(e) and 42(b), in order to sever Defendants' counterclaims and consolidate them with Case No. 2:10-CV-000634-JAM-JFM. Plaintiff the Redevelopment Agency of the City of Stockton ("Plaintiff") filed a Statement of Non-Opposition to the motion (Doc. #331).*fn1

Having carefully considered the papers, the Court GRANTS Defendants' motion. Accordingly, the Court's Judgment of July 28, 3 2011 (Doc. #327) is hereby amended to sever Defendants' 4 counterclaims for equitable indemnity, contribution and declaratory 5 relief and consolidate them with Case No. 2:10-CV-00634-JAM-JFM. 6

IT IS SO ORDERED.


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