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PARK v. MEDINA, 1:14-CV-00229-LJO-MJS. (2014)

Court: District Court, E.D. California Number: infdco20140513g00 Visitors: 16
Filed: May 12, 2014
Latest Update: May 12, 2014
Summary: STIPULATION TO CONTINUE MANDATORY SCHEDULING CONFERNECE PENDING SETTLEMENT DISCUSSIONS BETWEEN ALL PARTIES MICHAEL J. SENG, Magistrate Judge. Plaintiff, Myeong Ok Park ("Park"), an individual, Defendants Macario Medina ("Medina") and Whisler Ag Services Inc. ("Whisler Ag"), and Defendant National Railroad Passenger Corporation, a foreign corporation doing business as Amtrak ("Amtrak"), by and through their attorneys of record, hereby stipulate and agree, as follows: 1. WHEREAS on or about Oct
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STIPULATION TO CONTINUE MANDATORY SCHEDULING CONFERNECE PENDING SETTLEMENT DISCUSSIONS BETWEEN ALL PARTIES

MICHAEL J. SENG, Magistrate Judge.

Plaintiff, Myeong Ok Park ("Park"), an individual, Defendants Macario Medina ("Medina") and Whisler Ag Services Inc. ("Whisler Ag"), and Defendant National Railroad Passenger Corporation, a foreign corporation doing business as Amtrak ("Amtrak"), by and through their attorneys of record, hereby stipulate and agree, as follows:

1. WHEREAS on or about October 1, 2012, Medina, a truck driver of Whisler Ag, slammed his big rig into a southbound Amtrak train traveling to Los Angeles from the San Francisco area on rural Kansas Avenue just west of 10th Avenue. Medina was driving about 55 mph., the designated legal speed limit for the rural area. The crash allegedly occurred at a crossing that was equipped with control gates ("the incident");

2. WHEREAS Park, who was on the Amtrak train at the time of crash and sustained injuries to her neck, upper back, low back (tail bone area), both legs and broken ribs as a result of the crash;

3. WHEREAS on or about April 16, 2013, Park received her right to sue letter from City of Hanford ("CITY"), rejecting her claim for damages for the CITY's negligent or intentional failure to warn known or should have known dangerous condition of public property based on prior similar incidents;

4. WHEREAS on or about April 30, 2013, Park received her right to sue letter from County of Kings ("COUNTY"), rejecting her claim for damages for the COUNTY's negligent or intentional failure to warn known or should have known dangerous condition of public property based on prior similar incidents;

5. WHEREAS on or about October 10, 2013, Park filed the instant litigation in Kings County Superior Court, Hanford Courthouse, Hanford, California against Defendants Medina, Whisler Ag, CITY, COUNTY, and Amtrak;

6. WHEREAS on or about October 10, 2013, Park completed personal service of summons and complaint against CITY;

7. WHEREAS on or about October 10, 2013, Park completed personal service of summons and complaint against COUNTY;

8. WHEREAS on or about November 25, 2013, Park dismissed the CITY as a defendant in the instant action based on documents presentenced by CITY;

9. WHEREAS on or about November 25, 2013, thereafter, Park dismissed the COUNTY as a defendant in the instant action based on documents presentenced by COUNTY;

10. WHEREAS on or about December 17, 2013, Defendants Whisler Ag and Medina appear in the instant action by filing their Answer;

11. WHEREAS on or about February 24, 2014, Defendant Amtrak files a Notice of Adverse Parties of Removal to Federal Court;

12. WHEREAS from April 8, 2014 to April 9, 2014, all known claimants in the incident engaged in a settlement conference with Whisler Ag, Medina and Amtrak to resolve all issues and claims arising from the incident and are continuing to finalize the terms of the release and settlement;

13. WHEREAS there is yet another tentative settlement discussion scheduled on or about May 7, 2014;

14. WHEREAS the Court has scheduled a Mandatory Scheduling Conference currently for May 22, 2014;

15. WHEREFORE the parties herein agree to continue the Mandatory Scheduling Conference for sixty (60) days while they finalize the settlement terms.

SO STIPULATED:

DATED May 1, 2014 Murchison & Cumming, LLP by: /S/Edmund G. Farrell III Edmund G. Farrell III, Attorneys for Whisler Ag Services, Inc., a California Corporation and Macario Medina, an individual DATED May, 2014 Lombardi, Loper & Conant by: /S/Benjamin Clyde Hytchinson III Benjamin Clyde Hutchinson III Attorneys for National Railroad Passenger Corporation, a foreign corporation doing business as Amtrak,

ORDER

The Initial Scheduling Conference set for May 22, 2014 at 10:30 am is continued to July 24, 2014 at 11:00 am before Magistrate Judge Michael J. Seng

IT IS SO ORDERED.

Source:  Leagle

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