Opinion
1:22-cv-00800-JFR-KK
11-14-2022
TEODORO GONZALES, Plaintiff, v. HAIFENG LI and BIGBEAR TRUCKING CORP., Defendants.
RINCON LAW GROUP, P.C. Yosef W. Abraham CARLOS RINCON Attorneys for BigBear Trucking, Corp. WISEMAN LEGAL GROUP, P.A. C. JOSEPH WISEMAN Attorneys for Plaintiff
RINCON LAW GROUP, P.C. Yosef W. Abraham CARLOS RINCON Attorneys for BigBear Trucking, Corp.
WISEMAN LEGAL GROUP, P.A. C. JOSEPH WISEMAN Attorneys for Plaintiff
AGREED ORDER GRANTING TEODORO GONZALES AND BIGBEAR TRUCKING CORP.'S PARTIAL JOINT MOTION TO DISMISS WITHOUT PREJUDICE CERTAIN OF PLAINTIFF'S CLAIMS AGAINST BIGBEAR TRUCKING CORP. AND TO DENY AS MOOT BIGBEAR TRUCKING CORP.'S PARTIAL RULE 12(B)(6) MOTION TO DISMISS
KIRTAN KHALSA UNITED STATES MAGISTRATE JUDGE
On this date, the Court considered the Partial Joint Motion to Dismiss Without Prejudice Certain of Plaintiff's Claims Against BigBear Trucking Corp. and to Deny as Moot BigBear Trucking Corp.'s Partial Rule 12(b)(6) Motion to Dismiss, requesting dismissal without prejudice of of Plaintiff TEODORO GONZALES's (“Plaintiff”) against BIGBEAR TRUCKING CORP. (“BigBear Trucking”). Plaintiff and BigBear Trucking request the Court to dismiss without prejudice Plaintiff's claims against BigBear Trucking of (1) punitive damages; (2) negligent entrustment; (3) negligent hiring; (4) negligent supervision; (5) negligent retention; and (6) negligent training / education. They further request the Court deny as moot BigBear Trucking Corp.'s Partial Rule 12(b)(6) Motion to Dismiss of November 1, 2022. ECF No. 4, BigBear Trucking Corp.'s Partial Rule 12(b)(6) Mot. Dismiss (Nov. 1, 2022).
Plaintiff and BigBear Trucking, having agreed (1) dismissal without prejudice of said claims in this case is warranted, and (2) denial of BigBear Trucking Corp.'s Partial Rule 12(b)(6)
Motion to Dismiss as moot is warranted, with the parties to bear their respective costs, the Court accordingly enters the following Orders:
1. The Partial Joint Motion to Dismiss Without Prejudice Certain of Plaintiff's Claims
Against BigBear Trucking Corp. and to Deny as Moot BigBear Trucking Corp.'s Partial Rule 12(b)(6) Motion to Dismiss, which seeks the dismissal without prejudice of Plaintiff TEODORO GONZALES against BIGBEAR TRUCKING CORP. of 1) punitive damages; (2) negligent entrustment; (3) negligent hiring; (4) negligent supervision; (5) negligent retention; and (6) negligent training / education should be, and hereby is, GRANTED.
2. The claims of Plaintiff TEODORO GONZALES against BIGBEAR TRUCKING CORP. of 1) punitive damages; (2) negligent entrustment; (3) negligent hiring; (4) negligent supervision; (5) negligent retention; and (6) negligent training / education are hereby DISMISSED WITHOUT PREJUDICE.
3. BigBear Trucking Corp.'s Partial Rule 12(b)(6) Motion to Dismiss, ECF No. 4, BigBear Trucking Corp.'s Partial Rule 12(b)(6) Mot. Dismiss (Nov. 1, 2022), is hereby DENIED AS MOOT.
4. Plaintiff TEODORO GONZALES and Defendant BIGBEAR TRUCKING CORP. SHALL each bear their respective costs.
SO ORDERED.