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

Full title: RANDY'S TRUCKING, INC., and STAR INSURANCE COMPANY, Plaintiffs, v. CITY OF…

Court: United States District Court, E.D. California, Fresno Division

Date published: May 22, 2009

Case No. 1:08-cv-00819 0WW DLB, Consolidated with Case Nos. 1:09-cv-00211 OWW DLB and 1:09-cv-00331 OWW DLB (E.D. Cal. May. 22, 2009)

Opinion

Case No. 1:08-cv-00819 0WW DLB, Consolidated with Case Nos. 1:09-cv-00211 OWW DLB and 1:09-cv-00331 OWW DLB.

May 22, 2009

B. CLYDE HUTCHINSON, State Bar No. 037526, JASON B. SHANE, State Bar No. 253908, LOMBARDI, LOPER CONANT, LLP, Oakland, CA, Attorneys for Defendants, Counter-Claimants, Counter-Defendants, Cross-Claimants Cross-Defendants NATIONAL RAILROAD PASSENGER CORPORATION and BNSF RAILWAY COMPANY.

ORDER GRANTING NATIONAL RAILROAD PASSENGER CORPORATION AND BNSF RAILWAY COMPANY'S APPLICATION FOR DETERMINATION OF GOOD FAITH SETTLEMENT WITH RESPECT TO COMPLAINT OF PLAINTIFFS ROBERT GARCIA, RACHEL GARCIA, JESSICA GARCIA AND ERICA GARCIA

OLIVER WANGER, District Judge

Upon the Application filed with this Court of Defendants, Counter-Claimants, Counter-Defendants, Cross-Claimants Cross-Defendants NATIONAL RAILROAD PASSENGER CORPORATION ("Amtrak") and BNSF RAILWAY COMPANY ("BNSF"), hereinafter collectively referred to as "Defendants," for an Order Determining the Good Faith Settlement between Defendants and Plaintiffs ROBERT GARCIA, RACHEL GARCIA, JESSICA GARCIA and ERIC GARCIA (" Garcia Plaintiffs"), hereinafter collectively referred to as the "Settling Parties":

IT APPEARS TO THE SATISFACTION OF THE COURT that the Application is made pursuant to California Code of Civil Procedure section 877.6(a)(2); that copies of the Application, together with the Notice of Settlement and a copy of this Order, were duly served through the Court's CM/ECF system and by certified mail with return receipt requested on all parties to this action; that no Notice of Motion to Contest the Good Faith of this Settlement has been served or filed within the time allowed by California Code of Civil Procedure section 877.6(a)(2); and that no confidentiality agreement of any kind is part of the agreement.

Therefore, IT IS HEREBY ORDERED that the settlement between the Settling Parties was made and entered into in good faith within the meaning of California Code of Civil Procedure section 877.6.

IT IS FURTHER ORDERED that all present and future cross-claims or counter-claims for equitable comparative contribution or partial or comparative indemnity based on comparative negligence or comparative fault and/or implied contractual indemnity against Defendants are dismissed with prejudice and forever barred.

IT IS SO ORDERED.