Filed: Jul. 15, 2019
Latest Update: Jul. 15, 2019
Summary: STIPULATION AND ORDER TO DISMISS TRANSCO LEASING CO., INC. d/b/a TEC LEASING d/b/a TEC EQUIPMENT LEASING and TEC EQUIPMENT, INC, AND TO AMEND COMPLAINT ECF No. 34 JENNIFER A. DORSEY , District Judge . IT IS HEREBY STIPULATED AND AGREED to by and between Plaintiffs TYRONE PRICE and DEANNA RICHARDSON (hereinafter collectively referred to as "Plaintiffs"), by and through their counsel of record, FARHAN R. NAQVI, ELIZABETH E. COLEMAN, and PAUL G. ALBRIGHT of NAQVI INJURY LAW, Defendant JOEL FO
Summary: STIPULATION AND ORDER TO DISMISS TRANSCO LEASING CO., INC. d/b/a TEC LEASING d/b/a TEC EQUIPMENT LEASING and TEC EQUIPMENT, INC, AND TO AMEND COMPLAINT ECF No. 34 JENNIFER A. DORSEY , District Judge . IT IS HEREBY STIPULATED AND AGREED to by and between Plaintiffs TYRONE PRICE and DEANNA RICHARDSON (hereinafter collectively referred to as "Plaintiffs"), by and through their counsel of record, FARHAN R. NAQVI, ELIZABETH E. COLEMAN, and PAUL G. ALBRIGHT of NAQVI INJURY LAW, Defendant JOEL FON..
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STIPULATION AND ORDER TO DISMISS TRANSCO LEASING CO., INC. d/b/a TEC LEASING d/b/a TEC EQUIPMENT LEASING and TEC EQUIPMENT, INC, AND TO AMEND COMPLAINT
ECF No. 34
JENNIFER A. DORSEY, District Judge.
IT IS HEREBY STIPULATED AND AGREED to by and between Plaintiffs TYRONE PRICE and DEANNA RICHARDSON (hereinafter collectively referred to as "Plaintiffs"), by and through their counsel of record, FARHAN R. NAQVI, ELIZABETH E. COLEMAN, and PAUL G. ALBRIGHT of NAQVI INJURY LAW, Defendant JOEL FONSECAMOLLER, by and through his counsel of record, MARISSA R. TEMPLE of ROGERS, MASTRANGELO, CARVALHO & MITCHELL, and Defendants OMNI PACIFICA, INC. d/b/a ONE WAY DELIVERY, ONE WAY DELIVERY, INC., TRANSCO LEASING CO., INC. d/b/a TEC LEASING d/b/a TEC EQUIPMENT LEASING, and TEC EQUIPMENT, INC., by through their counsel of record, JONATHAN L. POWELL, ESQ. of ATKIN WINNER & SHERROD, as follows:
1. Defendant OMNI PACIFICA, INC. d/b/a ONE WAY DELIVERY and Defendant ONE WAY DELIVERY, INC. (hereinafter collectively referred to as "Defendant OMNI PACIFICA"), and Defendant TRANSCO LEASING CO., INC. d/b/a TEC LEASING d/b/a TEC EQUIPMENT LEASING and Defendant TEC EQUIPMENT, INC. (hereinafter collectively referred to as "Defendants TEC") represent that Defendants TEC are not correct or necessary parties in this matter as they do not have any liability or responsibility for the subject collision nor Plaintiffs' alleged claims or damages arising therefrom, including those claims concerning employment of Defendant JOEL FONSECAMOLLER.
2. IT IS HEREBY FURTHER STIPULATED AND AGREED based on the foregoing representations that Defendants TEC shall be dismissed without prejudice from the above entitled matter, leaving Defendant JOEL FONSECAMOLLER and Defendant OMNI PACIFICA as the defendants in this matter.
3. IT IS HEREBY FURTHER STIPULATED AND AGREED that this dismissal shall have no effect on Plaintiffs' pursuit of their claims against the remaining defendants, JOEL FONSECAMOLLER and OMNI PACIFICA, and will not jeopardize Plaintiffs' ability to establish coverage under any applicable insurance policies that may cover Plaintiffs' subject claims.
4. IT IS HEREBY FURTHER STIPULATED AND AGREED that, should discovery reveal that Defendants TEC are somehow liable for the subject collision and/or Plaintiffs' alleged claims or damages arising therefrom, Plaintiffs may amend the Complaint, or any amendments thereto, to include Defendants TEC back into this lawsuit, and any such amendment shall relate back to the filing of the original Complaint for all purposes, including the statute of limitations.
5. IT IS HEREBY FURTHER STIPULATED AND AGREED that Plaintiffs will file an Amended Complaint to conform with the dismissals herein, which shall relate back to the filing of the original Complaint for all purposes, including the statute of limitations. Plaintiffs are not required to re-serve said Amended Complaint upon Defendants, including JOEL FONSECAMOLLER and OMNI PACIFICA.
6. IT IS HEREBY FURTHER STIPULATED AND AGREED that each party is to bear their own attorney's fees and costs as it relates to the dismissal of the dismissed entities herein.
DATED this 12th day of July, 2019. DATED this 12 day of July, 2019.
NAQVI INJURY LAW ATKIN WINNER & SHERROD
FARHAN R. NAQVI, ESQ. THOMAS E. WINNER, ESQ.
Nevada Bar No. 8589 Nevada Bar No. 5168
ELIZABETH E. COLEMAN, ESQ. JONATHAN L. POWELL, ESQ.
Nevada Bar No. 12350 Nevada Bar No. 9153
PAUL G. ALBRIGHT, ESQ. 1117 S. Rancho Dr.
Nevada Bar No. 14159 Las Vegas, Nevada 89102
9500 W. Flamingo Rd., Suite 104 Counsel for Defendant Omni Pacifica and
Las Vegas, Nevada 89147 Defendants TEC
Counsel for Plaintiffs
DATED this ___________ day of July, 2019.
ROGERS, MASTRANGELO, CARVALHO
AND MITCHELL
____________________________________
STEPHEN H. ROGERS, ESQ,
Nevada Bar No. 5755
MARISSA R. TEMPLE
Nevada Bar No. 9028
700 South Third Street
Las Vegas, Nevada 89101
Counsel for Defendant
Joel Fonsecamoller
ORDER
Based on the parties' stipulation [ECF No. 34] and good cause appearing, IT IS HEREBY ORDERED that THE CLAIMS AGAINST Transco Leasing Co. and TEC Equipment are DISMISSED without prejudice, each side to bear its own fees and costs.
Plaintiff has 10 days to file an amended complaint.
