Provencio, et al. v. Vasquez, et al.

Filing 168

Joint Stipulation and ORDER Striking Fourth Cause of Action of Fifth Amended Complaint signed by Chief Judge Anthony W. Ishii on 3/9/2010. (Figueroa, O)

Michael R. Mitchell, (SBN 48348) 19655 Friar Street Tarzana, California 91335 [phone] Telephone Attorney for Plaintiff, DANIEL PROVENCIO, JR., etc., et al John P. McNicholas, (SBN 33530) McNICHOLAS & McNICHOLAS, LLC 10866 Wilshire Boulevard, Suite 1400 Los Angeles, California 90024-4338 [phone] Telephone Attorneys for Plaintiff NANCY MENDOZA Joshua M. Merliss (SBN 073416) GORDON, EDELSTEIN, KREPACK, GRANT, FELTON & GOLDSTEIN 3580 Wilshire Blvd., #1800 Los Angeles, California 90010 [phone] Telephone Attorneys for Plaintiff JOHNNY G. PROVENCIO IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION _______________________________________ DANIEL PROVENCIO, JR., etc., et al, Plaintiff, vs. PATRICIA L. VAZQUEZ, et al [Assigned to the Honorable Anthony W. Ishii] Trial: August 17, 2010 1:07-CV-00069-AWI-JLT JOINT STIPULATION AND ORDER STRIKING FOURTH CAUSE OF ACTION OF FIFTH AMENDED COMPLAINT

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs through their respective counsel and Defendants through their respective counsel as follows: Plaintiffs have filed their Fifth Amended Complaint on August 5, 2010. Plaintiffs' counsel inadvertently included the Fourth Cause of Action in the Fifth Amended Complaint. Plaintiffs had

previously conceded that summary judgment was appropriate as to that cause of action. As such, the parties through their counsel agree and stipulate that the Fourth Cause of Action in the Fifth Amended Complaint be stricken by the Court.

EDMUND G. BROWN, JR. Attorney General of the State of California PAMELA J. HOLMES, Supervising Deputy Attorney General DOUG KNOLL, Deputy Attorney General BENJAMIN BARNOUW, Deputy Attorney General

Dated: 2010)

March 8, 2010

By:/s/_Doug Knoll_(As ___ authorized on March 8, DOUG KNOLL Deputy Attorney General Attorneys for PAT L. VASQUEZ, PALMER,

Defendants MATTHEW

DAVID HICKS, LORLEAN DRUGICH, REMIJIO PAREDES AND MICHAEL SONGER

LeBEAU-THELEN, LLP

Dated: 2010)

March 8, 2010

By:/s/ J. Nile Kinney_(As __ authorized on March 7, J. NILE KINNEY Attorney for Defendant MATTHEW ADAMS McNICHOLAS & McNICHOLAS

Dated:

March 8, 2010 By:/s/ John

McNicholas_(As __ authorized on March 8, 2010) JOHN McNICHOLAS Attorney for Plaintiff NANCY MENDOZA

Dated:

March 8, 2010

By:_/s/ Michael R. Mitchell(As authorized on March 8, 2010) MICHAEL R. MITCHELL Attorney for Plaintiff DANIEL PROVENCIO, JR.

Dated:

March 8, 2010

GORDON, EDELSTEIN, KREPACK, GRANT, FELTON & GOLDSTEIN

By:/s/ Joshua M. Merliss JOSHUA M. MERLISS Attorney for Plaintiff JOHNNY G. PROVENCIO ORDER

IT IS SO ORDERED. Dated: 0m8i78 March 9, 2010 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE