Reanna Hermosillo et al v. The County of San Bernardino et al

Filing 167

ORDER by Magistrate Judge David T. Bristow Re Joint Stipulation of the Parties for Partial Dismissal With Prejudice of Claims and Parties 164 : The Court dismisses with prejudice Sheriff John McMahon and Captain Gregg Herbert as defendants from a ll claims in the operative First Amended Complaint. The Court dismisses with prejudice the following claim: the fourth federal claim for Conspiracy to Violate Civil Rights and Conspiracy to Cover-Up (42 USC 1983 and 42 USC 1985) by plaintiffs against defendants Detective Brad Bonnet, Deputy Paul Casas, Deputy Jason Fortier, Deputy David Page, Sergeant John Walker, Captain Gregg Herbert, Commander Lieutenant Hector Gomez, and Sheriff John McMahon, and DOES 9-10. Furthermore, the Court hereby tak es judicial notice of the fact that the parties agree to mutually waive and release all costs, court fees, and attorneys fees arising out of this litigation between these parties thereto as to the aforementioned dismissed claims, only. IT IS SO ORDERED. (ad)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, EASTERN DIVISION

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Case No. 5:15-EDCV-00033-DTB

11 REANNA HERMOSILLO, as guardian
ad litem to C.E.L.R., a minor, individually
12 and as successor-in-interest; B.I.R., a
minor, individually and as successor-in13 interest; D.R.R., a minor, individually and
as successor-in-interest; and J.I.H., a
14 minor, individually and as successor-ininterest to decedent ENRIQUE CARLOS
15 RODARTE,

[PROPOSED] ORDER RE JOINT
STIPULATION OF THE
PARTIES FOR PARTIAL
DISMISSAL WITH PREJUDICE OF
CLAIMS AND PARTIES

Plaintiffs,

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[Assigned to Hon. David T. Bristow]

Trial:

v.

March 13, 2017

18 THE COUNTY OF SAN
BERNARDINO, THE CITY
19 OF VICTORVILLE, and as DOE 1DET.ECTIVE BRAD BONNET,
20 individually and in his capacity as a
Detective in the San Bernardino County
21 Sheriff's Department; DOE 2-DEPUTY
PAUL CASAS, individually and in his
22 capacity as a deputy in the San Bernardino
County Sheriff's Department; DOE 323 DEPUTY JASON FORTIER,
individually and in his capacity as a
24 deputy in the San Bernardino County
Sheriff's Department; DOE 4-DEPUTY
25 DAVID PAGE, individually and in his
capacity as a deputy in the San Bernardino
26 County Sheriff's Department; DOE 5SERGEANT JOHN WALKER,
27 individually and in his capacity as a
Sergeant in the San Bernardino County
28 Sheriff's Department; DOE 6 H:\0MJDAP_CONSENT\HERMOSILLO v. COUNTY EDCV15-33\HERMOSILLO.ED15CV33DTB.ORDER RE DISMISSAL 03-01-17.docx

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1 COMMANDER LIEUTENANT
HECTOR GOMEZ, individually and in
2 his capacity as a Lieutenant and
Commander of the S.E.D. in the San
3 Bernardino County Sheriff's Department;
DOE 7 - CAPTAIN GREGG HERBERT,
4 individually and in his capacity as a
Captain in the San Bernardino County
5 Sheriff's Department; DOE 8- SHERIFF
JOHN MCMAHON, individually and in
6 his capacity as Sheriff of the County of
San Bernardino and DOES 9-10,
7 inclusive, individually.
Defendants,

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10 PURSUANT TO THE STIPULATION OF THE PARTIES, the Court orders as
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The Court dismisses with prejudice Sheriff John McMahon and Captain

13 Gregg Herbert as defendants from all claims in the operative First Amended
14 Complaint.
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The Court dismisses with prejudice the following claim: the fourth federal

16 claim for Conspiracy to Violate Civil Rights and Conspiracy to Cover-Up (42
17 U.S.C. § 1983 and 42 U.S.C. § 1985) by plaintiffs against defendants Detective
18 Brad Bonnet, Deputy Paul Casas, Deputy Jason Fortier, Deputy David Page,
19 Sergeant John Walker, Captain Gregg Herbert, Commander Lieutenant Hector
20 Gomez, and Sheriff John McMahon, and DOES 9-10.
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H:\0MJDAP_CONSENT\HERMOSILLO v. COUNTY EDCV15-33\HERMOSILLO.ED15CV33DTB.ORDER RE DISMISSAL 03-01-17.docx

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Furthermore, the Court hereby takes judicial notice of the fact that the parties

2 agree to mutually waive and release all costs, court fees, and attorneys’ fees arising
3 out of this litigation between these parties thereto as to the aforementioned
4 dismissed claims, only.
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IT IS SO ORDERED.

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7 DATED: March 1, 2017

UNITED STATES DISTRICT COURT

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By:
Magistrate Judge David T. Bristow
UNITED STATES DISTRICT COURT

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