Eddy Soriano et al v. County of Riverside et al

Filing 108

ORDER on Stipulation for Dismissal 107 by Judge Beverly Reid O'Connell. NOW THEREFORE, IT IS HEREBY STIPULATED by and between the parties to this action through their designated counsel that this entire action, and all of the following remaini ng defendants in the above-captioned action be, and hereby are, dismissed with prejudice pursuant to FRCP 41(a)(1) effective as of 8/31/2017: Defendants COUNTY OF RIVERSIDE; STANLEY SNIFF; WILLIAM DI YORIO; JULIO IBARRA; JERRY GUTIERREZ; VIRGINIA BUS BY; NORMAN NANTES; JASON CHIVAS; JEFFREY PINION; and CHRISTOPHER ALVAREZ. IT IS ALSO STIPULATED that Plaintiffs and the Riverside Defendants shall each bear their own costs and attorneys fees. that in the event that the settlement funds do not clear the Trujillo and Trujillo Client Trust Account on 8/14/2017 as anticipated, the parties may file a Further Joint Status Report with this Court for purposes of seeking a later date of dismissal of the entire action to allow for sufficient time for the settlement funds to clear. IT IS SO ORDERED. (MD JS-6. Case Terminated.) (jp)

JS-6

1
2
3
4
5

TRUJILLO & TRUJILLO, APLC
Robert Trujillo, Esq. (CA SBN 148975)
Melody Trujillo, Esq. (CA SBN 165218)
41593 Winchester Road, Suite 201
Temecula, CA 92590
Tel: [phone]
Email: [e-mail]

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Suzanne Skolnick, Esq. (CA SBN 211076)
2888 Loker Avenue East, Suite 110-F
Carlsbad, CA 92010
Tel. [phone]
Email: [e-mail]
Lewis Khashan, Esq. (CA SBN 275906)
38975 Sky Canyon Drive Suite 201
Murrieta, CA 92563
Tel. [phone]
Email: [e-mail]
Attorneys for Plaintiffs Eddy Soriano,
By and through his conservator, Sherly
Tolentino, et al.
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
Eddy Soriano, by and through his
) Case No. 5:16-cv-155 BRO (SP)
Conservator, Sherly Tolentino; Marites )
ORDER ON
de Guzman; ,
) STIPULATION FOR DISMISSAL
) OF DEFENDANTS COUNTY OF
) RIVERSIDE; STANLEY SNIFF;
Plaintiffs,
) WILLIAM DI YORIO; JULIO
v.
COUNTY OF RIVERSIDE; CITY OF ) IBARRA; JERRY GUTIERREZ;
) VIRGINIA BUSBY; NORMAN
MURRIETA; STANLEY SNIFF,
) NANTES; JASON CHIVAS;
Sheriff of Riverside County;
WILLIAM DI YORIO, Undersheriff of ) JEFFREY PINION; and
) CHRISTOPHER ALVAREZ
Riverside County; JULIO IBARRA,
) EFFECTIVE AS OF AUGUST 31,
Senior Safety Coordinator for
1
STIPULATION FOR DISMISSAL OF DEFENDANTS COUNTY OF RIVERSIDE , RIVERSIDE COUNTY OFFICERS
CASE NO.: 5:16-CV-155 BRO (SP)

1
2
3
4
5
6
7
8
9
10
11
12
13

Riverside County; JERRY
GUTIERREZ, Corrections Assistant
Sheriff; VIRGINIA BUSBY, Captain
of Robert Presley Detention Center;
Correctional Deputy NORMAN
NANTES; Correctional Deputy
JASON CHIVAS; Correctional Deputy
JEFFREY PINION; Correctional
Deputy CHRISTOPHER ALVAREZ
Murrieta Police Department OFFICER
JEREMY MEADOWS; OFFICER H.
ADAMS; OFFICER ELLIOT;
OFFICER TOMPKINS; OFFICER
MATTHEW MOZINGO; OFFICER
IRVING; TYLER SCOTT JACKSON;
and DOES 1-125,
Defendants.

) 2017.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

14

WHEREAS Plaintiff’s Petition for Compromise to obtain the Probate

15

Court’s approval of the settlement of this matter with the remaining Defendants in

16
17
18
19
20

this matter, namely: Defendants County of Riverside; Stanley Sniff; William
DiYorio; Julio Ibarra; Jerry Gutierrez; Virginia Busby; Norman Nantes; Jason
Chivas; Jeffrey Pinion; and Christopher Alvarez (hereafter the “Riverside

21

Defendants”) was heard on July 12, 2017 in Dept. 67 of the Los Angeles County

22

Superior Court.

23
24
25
26
27
28

WHEREAS the Petition for Compromise was approved by the Probate
court at the hearing on July 12, 2017.
WHEREAS the settlement funds payable to Plaintiff by the Riverside
Defendants was received by Plaintiff’s counsel on August 2, 2017 and deposited
2
STIPULATION FOR DISMISSAL OF DEFENDANTS COUNTY OF RIVERSIDE , RIVERSIDE COUNTY OFFICERS
CASE NO.: 5:16-CV-155 BRO (SP)

1
2
3

to the Trujillo & Trujillo Client Trust Account on August 2, 2017.
WHEREAS a hold has been placed on the settlement funds by the bank for

4

the client trust account until August 14, 2017, after which time, the settlement

5

funds will have cleared the client trust account.

6
7

NOW THEREFORE,

8

IT IS HEREBY STIPULATED by and between the parties to this action

9
10
11
12
13
14
15
16
17
18
19
20
21
22

through their designated counsel that this entire action, and all of the following
remaining defendants in the above-captioned action be, and hereby are, dismissed
with prejudice pursuant to FRCP 41(a)(1) effective as of August 31, 2017:
Defendants COUNTY OF RIVERSIDE; STANLEY SNIFF; WILLIAM DI
YORIO; JULIO IBARRA; JERRY GUTIERREZ; VIRGINIA BUSBY;
NORMAN NANTES; JASON CHIVAS; JEFFREY PINION; and
CHRISTOPHER ALVAREZ.
IT IS ALSO STIPULATED that Plaintiffs and the Riverside Defendants shall
each bear their own costs and attorneys’ fees.
IT IS ALSO STIPULATED that in the event that the settlement funds do not

23
24

clear the Trujillo & Trujillo Client Trust Account on August 14, 2017 as

25

anticipated, the parties may file a Further Joint Status Report with this Court for

26
27
28

purposes of seeking a later date of dismissal of the entire action to allow for
sufficient time for the settlement funds to clear.
3
STIPULATION FOR DISMISSAL OF DEFENDANTS COUNTY OF RIVERSIDE , RIVERSIDE COUNTY OFFICERS
CASE NO.: 5:16-CV-155 BRO (SP)

1
2
3

IT IS SO STIPULATED.
Dated: August 8, 2017

/s/_Robert Trujillo_____________
Robert Trujillo, Esq.
Attorney for Plaintiffs, Eddy Soriano by and
through his Conservator, Sherly Tolentino and
Marites De Guzman

4
5
6
7
8
9
10
11
12

Dated: August 8, 2017

__/s/ Arthur K. Cunningham_____
Attorney for Defendants County of
Riverside, Stanley Sniff, William Di
Yorio, Julio Ibarra, Jerry Gutierrez,
Virginia Busby, Norman Nantes, Jason Chivas,
Jeffrey Pinion and Christopher Alvarez

13
14
15
16

August 9, 2017

17
18
19
20
21
22
23
24
25
26
27
28
4
STIPULATION FOR DISMISSAL OF DEFENDANTS COUNTY OF RIVERSIDE , RIVERSIDE COUNTY OFFICERS
CASE NO.: 5:16-CV-155 BRO (SP)