1 DAVID A. DIEPENBROCK (SBN 215679)

W. SCOTT CAMERON (SBN 229828)

2 ROBERTO G. CRUZ (SBN 342729) weintraub tobin chediak coleman grodin 3

LAW CORPORATION

400 Capitol Mall, 11th Floor 4 Sacramento, California 95814 5 Telephone: 916.558.6000 Facsimile: 916.446.1611 6 Email: ddiepenbrock@weintraub.com scameron@weintraub.com 7 rcruz@weintraub.com

8 Attorneys for Plaintiff,

SIERRA NORTHERN RAILWAY

9

10 UNITED STATES DISTRICT COURT

11 EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO

12 SIERRA NORTHERN RAILWAY, Case No.: 2:24-CV-01899-DJC-JDP 13 Plaintiff, STIPULATION FOR COURT TO RETAIN 14 JURISDICTION TO ENFORCE vs. SETTLEMENT AGREEMENT; ORDER 15 PORT OF WEST SACRAMENTO and Judge: Hon. Daniel J. Calabretta 16

RAMCON ENGINEERING &

17 ENVIRONMENTAL CONSULTING, INC., a California corporation, 18 Defendants. 19

20 SACRAMENTO-YOLO PORT DISTRICT, aka PORT OF WEST SACRAMENTO, 21 Counterclaimant, 22

23 vs.

24 SIERRA NORTHERN RAILWAY,

25 Counterdefendant.

26

27 1 STIPULATION 2 WHEREAS, on July 10, 2024, Plaintiff Sierra Northern Railway (“SNR”) filed the 3 Complaint in the above-entitled action. 4 WHEREAS, Defendant Ramcon Engineering & Environmental Consulting, Inc, filed 5 an Answer to the Complaint on August 19, 2024. 6 WHEREAS, Defendant Port of West Sacramento (“Port”) filed an Answer to the 7 Complaint on August 19, 2024. 8 WHEREAS, Counterclaimant Sacramento-Yolo Port District, aka Port of West 9 Sacramento (“Port”) filed a Counterclaim against Sierra Northern Railway. 10 WHEREAS, the Parties hereto have entered into a Settlement Agreement, a true and 11 correct copy of which is attached hereto as Exhibit A and fully incorporated herein by this 12 reference, settling the claims alleged in this case. 13 WHEREAS, the Settlement Agreement includes a provision, Section 5, in which each 14 of the Parties agreed to the court retaining jurisdiction over the Parties under section 664.6 15 of the California Code of Civil Procedure and applicable federal law to enforce the terms and 16 conditions of the Settlement Agreement, should that be necessary. 17 WHEREAS, Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure provides that 18 a plaintiff may voluntarily dismiss an action without a court order by filing a stipulation of 19 dismissal signed by all parties who have appeared. 20 WHEREAS, federal law allows district courts to expressly retain jurisdiction to enforce 21 a settlement agreement, such that breach of the settlement agreement would be a violation 22 of the court’s dismissal order, and support the court’s exercise of ancillary jurisdiction. See 23 Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 381 (1994). 24 WHEREFORE, the Parties hereby stipulate that dismissal of their respective 25 pleadings in this action with prejudice is conditioned upon the Court first issuing an order 26 retaining jurisdiction over the Parties to enforce the terms and conditions of the Settlement 27 Agreement. 1 WHEREFORE, the Parties hereby stipulate to this Court retaining jurisdiction to 2 enforce the terms and conditions of the Settlement Agreement pursuant to California Code 3 of Civil Procedure section 664.6 and applicable federal law, and respectfully request that 4 the Court enter the accompanying proposed order. 5 6 7 Dated: December 30, 2024 weintraub tobin chediak coleman grodin

LAW CORPORATION

8

9 By: /s/ David A. Diepenbrock 10 David A. Diepenbrock Attorneys for Plaintiff 11 Sierra Northern Railway

12 Dated: December 31, 2024 KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD 13 A Professional Corporation

14 By: /s/ Lauren Jones as authorized on 12/31/24 15 Jeffrey Mitchell 16 Lauren Jones Attorneys for Defendant 17 PORT OF WEST SACRAMENTO

18 Dated: December 31, 2024 DESMOND, NOLAN, LIVAICH & CUNNINGHAM 19

20 By: /s/ Brian Manning as authorized on 12/31/24 21 Brian Manning Benjamin Tagert 22 James Silverthorn Attorneys for Defendant 23 RAMCON ENGINEERING &

ENVIRONMENTAL CONSULTING, INC.

24

25 26 27 1 ORDER 2 The Court shall retain jurisdiction to enforce the terms and conditions of the parties 3 Settlement Agreement pursuant to California Code of Civil Procedure section 664.6 and 4 applicable federal law. 5 IT IS SO ORDERED.

6

7 Dated: January 6, 2025 /s/ Daniel J. Calabretta

THE HONORABLE DANIEL J. CALABRETTA

8

UNITED STATES DISTRICT JUDGE

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