Corey Delaine Stewart v. City of Gardena et al

Filing 33

ORDER FOR DISMISSAL WITH PREJUDICE OF ALL CLAIMS AND OF THE ACTION by Judge Christina A. Snyder: Upon Stipulation 32 , IT IS HEREBY ORDERED that the Court hereby dismisses with prejudice this action in its entirety. See document for details. ( Case Terminated. Made JS-6. ) (gk)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

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11 COREY DELAINE STEWART,
Plaintiff,

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v.

14 CITY OF GARDENA; GARDENA
POLICE DEPARTMENT; GARDENA
15 POLICE DEPARTMENT CHIEF OF
POLICE ED MEDRANO; GARDENA
16 POLICE DEPARTMENT
DETECTIVES; ERIC MICHAELSEN,
17 MICHAEL ROSS, RICHARD
REYNAGA, and DETECTIVE HIRAI,
18 individually and in their official
capacity as police officers for the City
19 of Gardena,
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Case No. 2:15-CV-01425-CAS-PJWx
[Hon. Christina A. Snyder, Dist. Judge;
Hon. Patrick J. Walsh, Mag. Judge]
[PROPOSED] ORDER FOR
DISMISSAL WITH PREJUDICE OF
ALL CLAIMS AND OF THE
ACTION

Complaint Filed:
Trial Date:

02/27/2015
Not Yet Set

Defendant.

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PURSUANT TO THE STIPULATION OF THE PARTIES, and pursuant to the

23 Court’s inherent and statutory authority, including but not limited to the Court’s
24 authority under the applicable Federal Rules of Civil Procedure and the United States
25 District Court, Central District of California Local Rules; after due consideration of all
26 of the relevant pleadings, papers, and records in this action; and upon such other
27 evidence or argument as was presented to the Court; Good Cause appearing therefor,
28 and in furtherance of the interests of justice,
Case No. 2:15-CV-01425-CAS-PJWx
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[PROPOSED] ORDER FOR DISMISSAL WITH PREJUDICE OF ALL CLAIMS & THE ACTION

H:\CASNYDER\Civil\E-Filings\CV15-1425Order01.doc

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IT IS HEREBY ORDERED that:

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ORDER FOR DISMISSAL WITH PREJUDICE OF ALL CLAIMS.

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1.

The Court hereby dismisses with prejudice all of plaintiff's claims and

4 causes of action in this civil action regarding the claim for Unlawful Detention in
5 violation of the Fourth Amendment to the U.S. Constitution, pursuant to 42 U.S.C. §
6 1983 by plaintiff COREY STEWART against defendants ERIC MICHAELSEN,
7 MICHAEL ROSS, RICHARD REYNAGA, AND DET. TOSHIO HIRAI (in their
8 individual and official capacities) [First Cause of Action].
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2.

The Court hereby dismisses with prejudice all of plaintiff's claims and

10 causes of action in this civil action regarding the claim for Unlawful Arrest in
11 violation of the Fourth Amendment to the U.S. Constitution, pursuant to 42 U.S.C. §
12 1983 by plaintiff COREY STEWART against defendants ERIC MICHAELSEN,
13 MICHAEL ROSS, RICHARD REYNAGA, & DET. HIRAI (in their individual and
14 official capacities) [First Cause of Action].
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3.

The Court hereby dismisses with prejudice all of plaintiff's claims and

16 causes of action in this civil action regarding the claim for Municipal
17 Liability/Unconstitutional Custom-Practice (Monell Violation), pursuant to 42 U.S.C.
18 § 1983 by plaintiff COREY STEWART against defendants CITY OF GARDENA and
19 POLICE CHIEF ED MEDRANO (in his individual and official capacity) [First Cause
20 of Action].
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4.

To the extent any other legal claims or causes of action are implicitly or

22 explicitly raised in plaintiff's operative Complaint [e.g., Dkt. Doc. 1], the Court hereby
23 dismisses with prejudice all such plaintiff's claims and causes of action in this civil
24 action.
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5.

Pursuant to the parties' Stipulation, the Court hereby takes judicial notice

26 of the fact that: plaintiffs and Defendants have each affirmed that the parties have
27 mutually waived and released all claims in this action – including all claims for liability
28 or damages or otherwise by any of the plaintiffs against any of the defendants or their
Case No. 2:15-CV-01425-CAS-PJWx
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[PROPOSED] ORDER FOR DISMISSAL WITH PREJUDICE OF ALL CLAIMS & THE ACTION

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1 agents or employees – and have mutually waived and released all parties from all
2 liability for any and all costs, court fees, and attorneys’ fees arising out of this litigation
3 between these parties thereto as to the aforementioned dismissed claims; and that, by
4 and through plaintiff's attorneys of record in this action, plaintiff has further affirmed
5 that plaintiff knowingly, freely, voluntarily, and without duress released and waived all
6 claims for damages or liability, and all causes of action, which in any way arise from
7 the incident at issue in this action.
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6.

In light of the foregoing, the Court hereby dismisses with prejudice this

9 action in its entirety.
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IT IS SO ORDERED.

11 DATED: February 19, 2016
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UNITED STATES DISTRICT COURT,
CENTRAL DISTRICT OF CALIFORNIA

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By:

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Hon. Christina A. Snyder
UNITED STATES DISTRICT JUDGE

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Case No. 2:15-CV-01425-CAS-PJWx
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[PROPOSED] ORDER FOR DISMISSAL WITH PREJUDICE OF ALL CLAIMS & THE ACTION

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1 Respectfully Submitted By:
2 Eugene P. Ramirez (State Bar No. 134865)
[e-mail]
3 Tony M. Sain (State Bar No. 251626)
[e-mail]
4 MANNING & KASS
ELLROD, RAMIREZ, TRESTER LLP

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5 801 S. Figueroa St, 15 Floor
Los Angeles, California 90017-3012
6 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Defendants,
8 CITY OF GARDENA (erroneously named
as two separate parties, including the
9 GARDENA POLICE DEPARTMENT);
POLICE CHIEF ED MEDRANO; DETS.
10 ERIC MICHAELSEN, MICHAEL ROSS,
RICHARD REYNAGA, & TOSHIO
11 HIRAI

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Case No. 2:15-CV-01425-CAS-PJWx
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[PROPOSED] ORDER FOR DISMISSAL WITH PREJUDICE OF ALL CLAIMS & THE ACTION

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