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Price v. Fonsecamoller

United States District Court, D. Nevada

July 15, 2019

TYRONE PRICE and DEANNA RICHARDSON, individually, and as husband and wife, Plaintiffs,
v.
JOEL FONSECAMOLLER, individually; 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; TEC EQUIPMENT, INC.; and DOES 1 to 100, ROE CORPORATIONS 1 to 100, inclusive, Defendants.

          NAQVI INJURY LAW Farhan R. Naqvi, Esq., Elizabeth E. Coleman, Esq. Counsel for Plaintiffs

          ATKIN WINNER & SHERROD Thomas E. Winner, Esq., Jonathan L. Powell, Esq. Counsel for Defendant Omni Pacifica and Defendants TEC

          ROGERS, MASTRANGELO, CARVALHO AND MITCHELL STEPHEN H. ROGERS, ESQ, MARISSAR. TEMPLE Counsel for Defendant Joel Fonsecamoller

          STIPULATION AND ORDER TO DISMISS TRANSCO LEASING CO., INC. D/B/A TEC LEASING D/B/A TEC EQUIPMENT LEASING AND TEC EQUWMENT, INC, AND TO AMEND COMPLAINT ECF NO. 34

          Jennifer A. Dorsey, U.S. 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 j counsel of record, JONATHAN L. POWELL, ESQ. of ATKTN 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.

         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 SXBMEN H. ROGERS. Esq. ...


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