Edward Mahoney v. The City of Oxnard et al

Filing 43

ORDER DISMISSING ACTION WITH PREJUDICE by Judge Beverly Reid O'Connell, re Stipulation to Dismiss Case 41 42 . This action is hereby forthwith dismissed with prejudice as to all federal and state law (supplemental) claims in this or any fed eral or state court, without payment of money or equitable relief, in exchange for the promise of defendants and their principal to fully waive all past, present and future ordinary and expert costs, attorneys' fees and actions in the nature of malicious prosecution in any federal or state court. (Made JS-6. Case Terminated.) (rfi)

JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

ATTORNEYS AT LAW

300 ESPLANADE DRIVE, SUITE 1500
OXNARD, CALIFORNIA 93036
TELEPHONE [phone]

WISOTSKY, PROCTER & SHYER

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12 EDWARD MAHONEY, father an

individual Successor in Interest to
13 decedent, Michael Mahoney;
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THE

CITY

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ORDER DISMISSING ACTION
WITH PREJUDICE

OXNARD;
POLICE
DEPARTMENT;
OXNARD
POLICE
DEPARTMENT
OFFICERS
JOE
BENTLEY,
DAVID
MCALPINE,
AND
MANUEL PEREZ; VENTURA
COUNTY MEDICAL CENTER
HILLOMNT
PSYCHIATRIC
CENTER;
and
DOES
1-10,
Inclusive,

16 OXNARD
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Plaintiff,

vs.

CASE NO. CV14-6065-BRO-ASx

OF

Defendants.

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1.

Good cause exists pursuant to the concurrently filed Stipulation for

25 Prejudicial Dismissal of the Entire Action for the Court, Honorable Beverly Reid
26 O’Connell, United States District Judge, to enter this order.
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2.

This action is hereby forthwith dismissed with prejudice as to all federal

28 and state law (supplemental) claims in this or any federal or state court, without

1 payment of money or equitable relief, in exchange for the promise of defendants and
2 their principal to fully waive all past, present and future ordinary and expert costs,
3 attorneys’ fees and actions in the nature of malicious prosecution in any federal or
4 state court.
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3.

More specifically, in exchange for defendants’ permanent waiver of all

6 past, present and future ordinary and expert costs, attorneys’ fees and actions in the
7 nature of malicious prosecution in this or any federal or state court, plaintiff agrees to
8 a permanent and prejudicial dismissal of all past, present and future: general (non9 economic) damages; special (economic) damages; punitive (exemplary) damages;
10 attorneys’ fees, whether of record or not; ordinary and expert costs and fees; and

ATTORNEYS AT LAW

300 ESPLANADE DRIVE, SUITE 1500
OXNARD, CALIFORNIA 93036
TELEPHONE [phone]

WISOTSKY, PROCTER & SHYER

11 equitable (injunctive and declaratory) relief, arising from any fact or theory which
12 could be or is pled in the complaint in this action.
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4.

All named and fictitious defendants are dismissed with prejudice in all

14 capacities, personal, individual and official.
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5.

In consequence of this resolution, all pending and future litigation events

16 and deadlines are permanently and forthwith permanently vacated, including trial.
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IT IS SO ORDERED.
Dated: June 17, 2015
By:

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HON. BEVERLY REID O’CONNELL
United States District Court Judge