Amber Wallisa v. City of Hesparia et al

Filing 145

ORDER FOR PARTIAL DISMISSAL WITH PREJUDICE AS TO DEPUTY DEFENDANTS AND VACATING TRIAL AND PRE-TRIAL CONFERENCE DATES AND ASSOCIATED DEADLINES RE PARTIES' NOTICE OF CONDITIONAL SETTLEMENT 144 by Judge Fernando M. Olguin. The Court hereby vaca tes the Trial date and the final Pre-Trial Conference date. There Court hereby vacates its Order dated March 25, 2019 143 as being moot. To the extent there are any other Trial-related deadlines or requirements in this. The clerk shall administratively close the case pending submission of final approval of the settlement. Case Terminated. Made JS-6. (iv)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 AMBER WALLISA, individually and
as successor-in-interest to Decedent
12 STEPHEN SCHENCK,
Plaintiff,

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v.

15 CITY OF HESPERIA, a municipal
corporation; COUNTY OF SAN
16 BERNARDINO, a municipal
corporation; TOWN OF APPLE
17 VALLEY, a municipal corporation;
JONATHAN FLORES, individually
18 and his official capacity as a deputy
Sheriff for the COUNTY OF SAN
19 BERNARDINO Sheriff's Department;
DOES 1-10, inclusive; individually and
20 in their capacities as law enforcement
agents and/or personnel for the
21 COUNTY OF SAN BERNARDINO
Sheriff's Department; DOES 11-20,
22 inclusive; individually and in their
capacities as law enforcement agents
23 and/or personnel for the TOWN OF
APPLE VALLEY Police Department;
24 DOES 21-30, inclusive; individually
and in their capacities as law
25 enforcement agents and/or personnel for
the CITY OF HESPERIA Police
26 Department.
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Case No. 5:16-cv-2638 FMO (KKx)
[Hon. Fernando M. Olguin, Dist.
Judge; Hon. Kenly K. Kato, M. Judge]

[PROPOSED] ORDER FOR
PARTIAL DISMISSAL WITH
PREJUDICE AS TO DEPUTY
DEFENDANTS AND VACATING
TRIAL AND PRE-TRIAL
CONFERENCE DATES AND
ASSOCIATED DEADLINES RE
PARTIES’ NOTICE OF
CONDITIONAL SETTLEMENT
Complaint Filed:
Dec.27, 2016
Final Pre-Trial Conf.: April 8, 2019
Trial Date:
April 23, 2019

Defendants.

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[PROPOSED] ORDER FOR PARTIAL DISMISSAL OF CLAIMS & VACATING TRIAL

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PURSUANT TO THE STIPULATION OF THE PARTIES, and pursuant to

2 the Court’s inherent and statutory authority, including but not limited to the Court’s
3 authority under the applicable Federal Rules of Civil Procedure and the United
4 States District Court, Central District of California Local Rules; after due
5 consideration of all of the relevant pleadings, papers, and records in this action; and
6 upon such other evidence or argument as was presented to the Court; Good Cause
7 appearing therefor, and in furtherance of the interests of justice, the Court hereby
8 Orders:
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1.

The Court hereby takes judicial notice of the fact that the parties have

10 reached a conditional settlement of the entire action.
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2.

The Court hereby vacates the Trial date and the final Pre-Trial

12 Conference date. There Court hereby vacates its Order dated March 25, 2019 [Dkt.
13 Doc. 143] as being moot. To the extent there are any other Trial-related deadlines
14 or requirements in this action, the parties are hereby excused from such and such are
15 hereby vacated.
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3.

The Court hereby dismisses with prejudice plaintiff’s claim for

17 Excessive Force pursuant to 42 U.S.C. § 1983 in violation of the Fourth
18 Amendment to the U.S. Constitution by plaintiff AMBER WALLISA against
19 defendants JONATHAN FLORES, SPENCER WILT, and KENT WATSON
20 [Second Claim for Relief] – in its entirety, and as to the Deputy Defendants.
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4.

The Court hereby dismisses with prejudice plaintiff’s claim for

22 Wrongful Death pursuant to 42 U.S.C. § 1983 in violation of the Fourth and
23 Fourteenth

Amendment

to

the

U.S.

Constitution

by

plaintiff

AMBER

24 WALLISA against defendants JONATHAN FLORES, SPENCER WILT, and
25 KENT WATSON [Third Claim for Relief] – in its entirety, and as to the Deputy
26 Defendants.
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5.

The Court hereby dismisses with prejudice plaintiff’s claim for

28 Violations of Plaintiff's Civil Rights to Familial Relationship pursuant to 42
2
[PROPOSED] ORDER FOR PARTIAL DISMISSAL OF CLAIMS & VACATING TRIAL

1 U.S.C. § 1983 in violation of the Fourteenth Amendments to the U.S. Constitution
2 by plaintiff AMBER WALLISA against defendants JONATHAN FLORES,
3 SPENCER WILT, and KENT WATSON [Fourth Claim for Relief] – in its entirety,
4 and as to the Deputy Defendants.
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6.

The Court hereby dismisses with prejudice plaintiff’s claim for

6 Violations of Fourth Amendment – Failure to Render Medical Care/Denial of
7 Medical Care pursuant to 42 U.S.C. § 1983 in violation of the Fourth Amendment
8 to the U.S. Constitution by plaintiff AMBER WALLISA against defendants
9 JONATHAN FLORES, SPENCER WILT, and KENT WATSON [Sixth Claim for
10 Relief] – in its entirety, and as to the Deputy Defendants.
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7.

The Court hereby dismisses with prejudice plaintiff’s claim for

12 Wrongful Death - Negligence pursuant to California law (including Cal. Gov.
13 Code §§ 377.60 & 377.61) by plaintiff AMBER WALLISA against defendants
14 JONATHAN FLORES, SPENCER WILT, and KENT WATSON [Seventh Claim
15 for Relief] – as to the Deputy Defendants only.
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8.

The Court hereby dismisses with prejudice plaintiff’s claim for

17 Violation of Decedent's Rights to Enjoy Civil Rights pursuant to California Civil
18 Code § 52.1 (Bane Act) by plaintiff AMBER WALLISA against defendants
19 JONATHAN FLORES, SPENCER WILT, and KENT WATSON [Eighth Claim for
20 Relief] – as to the Deputy Defendants only.
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9.

The Court hereby dismisses with prejudice plaintiff’s claim for

22 Intentional Infliction of Emotional Distress – Survival claim, pursuant to
23 California law by plaintiff AMBER WALLISA against defendants JONATHAN
24 FLORES, SPENCER WILT, and KENT WATSON [Ninth Claim for Relief] – as to
25 the Deputy Defendants only.
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10.

The Court hereby dismisses with prejudice plaintiff’s claim for

27 Assault and Battery – Survival Claim, pursuant to California law (including Cal.
28 Gov. Code § 820) by plaintiff AMBER WALLISA against defendants JONATHAN
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[PROPOSED] ORDER FOR PARTIAL DISMISSAL OF CLAIMS & VACATING TRIAL

1 FLORES, SPENCER WILT, and KENT WATSON [Tenth Claim for Relief] – as to
2 the Deputy Defendants only.
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To the extent that plaintiff alleges any other claims against the Deputy

4 Defendants in this action, plaintiff hereby stipulates (and the signatory parties
5 stipulate) to dismiss with prejudice any and all such claims and causes of action.
6 The Court hereby takes judicial notice of the fact that the parties have stipulated that
7 defendant the County of San Bernardino shall remain a defendant in this action until
8 the conditional settlement of the parties has been finalized and the parties request a
9 further dismissal from this Court.
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12.

The Court hereby further orders that in the event that the

11 aforementioned conditional settlement is not approved by the County of San
12 Bernardino’s Board of Supervisors, the parties have stipulated and the Court hereby
13 orders that – notwithstanding any other/prior court order or stipulation – plaintiff
14 shall be permitted to file an amended pleading withdrawing this stipulation and
15 reinstating the Deputy Defendants as defendants in this action, and all of the
16 formerly dismissed claims against such defendants as stated herein above shall be
17 reinstated, so that this partial dismissal with prejudice shall be deemed set aside and
18 vacated.
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[PROPOSED] ORDER FOR PARTIAL DISMISSAL OF CLAIMS & VACATING TRIAL

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13.

Furthermore, the Court acknowledges the parties’ agreement to

2 mutually waive and release all costs, court fees, and attorneys’ fees arising out of
3 this litigation between these parties thereto as to the aforementioned dismissed
4 claims.
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14.

The clerk shall administratively close the case pending submission of

6 final approval of the settlement.
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IT IS SO ORDERED.
DATED: April 2, 2019

UNITED STATES DISTRICT COURT,
CENTRAL DISTRICT OF CALIFORNIA
/s/
Hon. Fernando M. Olguin,
UNITED STATES DISTRICT JUDGE

By:

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[PROPOSED] ORDER FOR PARTIAL DISMISSAL OF CLAIMS & VACATING TRIAL