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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

CASE NO. C05-5008 RBL - Page 1

ROSSI, COX, VUCINOVICH P.C. PROFESSIONAL CORPORATION

10900 NE 8th Street, Suite 1122

Bellevue, Washington 98004-4456

(425) 646-8003

 The Honorable Ronald B. Leighton

UNITED STATE DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

CLAYTON HOFFMAN,

Plaintiff,

v.

CITY OF TACOMA, DEPARTMENT OF

TACOMA PUBLIC UTILITIES, TACOMA

RAIL, a municipal corporation;

Defendants and Third 

 Party Plaintiffs,

v.

PORT OF TACOMA, a municipal

corporation, 

 Third Party Defendant.

Case No. C06-5008 RBL

STIPULATION OF DISMISSAL AND

ORDER

Case 3:06-cv-05008-RBL Document 49 Filed 02/02/07 Page 1 of 5
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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

CASE NO. C05-5008 RBL - Page 2

ROSSI, COX, VUCINOVICH P.C. PROFESSIONAL CORPORATION

10900 NE 8th Street, Suite 1122

Bellevue, Washington 98004-4456

(425) 646-8003

COMES NOW Plaintiff Clayton Hoffman, by and through his attorneys of record;

Defendant City of Tacoma, Department of Tacoma Public Utilities, Tacoma Rail, by and

through its attorneys of record; and Third-Party Defendant Port of Tacoma, by and through its

attorneys of record, and stipulate as follows:

WHEREAS, Plaintiff has entered into a settlement agreement with Third-Party

Defendant Port of Tacoma;

WHEREAS, on January 29, 2007, this Court issued an Order Approving

Reasonableness of Settlement Between Plaintiff Hoffman and Third-Party Defendant Port of

Tacoma;

WHEREAS, this Court on issuance of an Order Approving Reasonableness of

Settlement Between Plaintiff Hoffman and Third-Party Defendant Port of Tacoma dismissed

Tacoma Rail’s claim against Port of Tacoma for indemnity and contribution.

NOW, THEREFORE, it is hereby stipulated by and between said parties, by and

through their respective attorneys of record, that the above-entitled action, may be dismissed

without prejudice, excepting Tacoma Rail’s claim against Port of Tacoma for indemnity and

contribution, which is dismissed with prejudice, however, Tacoma Rail’s claim against Port of

Tacoma is dismissed without prejudice, upon order of the Court and consistent with the

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

CASE NO. C05-5008 RBL - Page 3

ROSSI, COX, VUCINOVICH P.C. PROFESSIONAL CORPORATION

10900 NE 8th Street, Suite 1122

Bellevue, Washington 98004-4456

(425) 646-8003

Court’s aforementioned Order of January 29, 2007, and without imposition of costs by the

Court to any party. 

SO STIPULATED this 1st day of February, 2007.

/s/ 

Bahareh Samanian

Attorney for Plaintiff Clayton Hoffman 

SO STIPULATED this 1st day of February, 2007.

/s/_________________________

Margaret A. Elofson

Attorney for Defendant City of Tacoma, Defendant Tacoma Public Utilities, and Tacoma Rail

SO STIPULATED this 1st day of February, 2007.

/s/________________________

Sarah L. Lee

Attorney for Third Party Defendant Port of Tacoma

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

CASE NO. C05-5008 RBL - Page 4

ROSSI, COX, VUCINOVICH P.C. PROFESSIONAL CORPORATION

10900 NE 8th Street, Suite 1122

Bellevue, Washington 98004-4456

(425) 646-8003

ORDER OF DISMISSAL

THIS MATTER having come on regularly for hearing upon the foregoing stipulation of

the parties for an order of dismissal, and the court being otherwise fully advised in the

premises, now, therefore,

IT IS HEREBY ORDERED, that the above-entitled action be and it hereby is dismissed

without prejudice and without costs to any party. 

IT IS FURTHER HEREBY ORDERED, that Tacoma Rail’s claim against Port of

Tacoma for indemnity and contribution is dismissed with prejudice and Tacoma Rail’s claim

against Port of Tacoma is dismissed without prejudice. 

DATED this 2nd day of February, 2007.

A

RONALD B. LEIGHTON

UNITED STATES DISTRICT JUDGE

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

CASE NO. C05-5008 RBL - Page 5

ROSSI, COX, VUCINOVICH P.C. PROFESSIONAL CORPORATION

10900 NE 8th Street, Suite 1122

Bellevue, Washington 98004-4456

(425) 646-8003

SUBMITTED BY:

/s/ 

Bahareh Samanian

Attorney for Plaintiff Clayton Hoffman 

/s/_________________________

Margaret A. Elofson

Attorney for Defendant City of Tacoma, Defendant Tacoma Public Utilities, 

and Tacoma Rail

/s/________________________

Sarah L. Lee

Attorney for Third Party Defendant Port of Tacoma

Case 3:06-cv-05008-RBL Document 49 Filed 02/02/07 Page 5 of 5