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

Filing 239

STIPULATION and ORDER DISMISSING Claims of Plaintiff Daniel Provencio, Jr., Personally and as Successor in Interest to Decedent Daniel D. Provencio, with Prejudice signed by Judge Oliver W. Wanger on 10/7/2010. (Sant Agata, S)

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EDMUND G. BROWN JR., State Bar No. 37100 Attorney General of California PAMELA J. HOLMES, State Bar No. 147360 Supervising Deputy Attorney General RAYMOND L. FITZGERALD, State Bar No. 134827 Deputy Attorney General BENJAMIN BARNOUW, State Bar No. 168581 Deputy Attorney General 300 South Spring Street, Suite 1702 Los Angeles, CA 90013 Telephone: [phone] Fax: [phone] Attorneys for Defendants Matthew Palmer, et al. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA DANIEL PROVENCIO, JR., personally and as successor in interest to DANIEL PROVENCIO, deceased, by his guardian ad litem, MARIA LUCERO, NANCY MENDOZA, and JOHNNY G. PROVENCIO, Plaintiffs, vs. PATRICIA L. VAZQUEZ, et al, Defendants. _______ CASE NO 1:07-cv-0069 OWW-JLT (The Honorable Oliver W. Wanger) JOINT STIPULATION AND ORDER DISMISSING CLAIMS OF PLAINTIFF, DANIEL PROVENCIO, JR. PERSONALLY AND AS SUCCESSOR IN INTEREST TO DECEDENT DANIEL D. PROVENCIO

1 JOINT STIPULATION AND ORDER DISMISSING ACTION OF PLAINTIFF DANIEL PROVENCIO, JR.

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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff, DANIEL PROVENCIO, JR., personally and as successor in interest to DANIEL PROVENCIO, deceased, by his guardian ad litem, MARIA LUCERO, and all Defendants, past and present, by and through their respective attorneys of record, as follows: 1. Plaintiff, DANIEL PROVENCIO, JR., personally and as successor in interest to

DANIEL PROVENCIO, deceased, by his guardian ad litem, MARIA LUCERO, is one of the Plaintiffs in this action. 2. Plaintiff, DANIEL PROVENCIO, JR., personally and as successor in interest to

DANIEL PROVENCIO, deceased, by his guardian ad litem, MARIA LUCERO, wishes to dismiss all claims in this action with prejudice and waive any rights to appeal. 3. The Defendants, through their counsel, agree to waive all fees and costs that they

may be entitled to seek from the Court against Plaintiff, DANIEL PROVENCIO, JR., personally and as successor in interest to DANIEL PROVENCIO, deceased, by his guardian ad litem, MARIA LUCERO, in exchange for the dismissal of all claims by Plaintiff DANIEL PROVENCIO, JR., personally and as successor in interest to DANIEL PROVENCIO, deceased, by his guardian ad litem, MARIA LUCERO. 4. The parties further stipulate that Defendants will waive any claim(s) that they may

have against Plaintiff DANIEL PROVENCIO, JR., personally and as successor in interest to DANIEL PROVENCIO, deceased, by his guardian ad litem, MARIA LUCERO, for malicious prosecution in exchange for the dismissal of all claims by Plaintiff DANIEL PROVENCIO, JR., personally and as successor in interest to DANIEL PROVENCIO, deceased, by his guardian ad litem, MARIA LUCERO. /// /// /// /// ///
2 JOINT STIPULATION AND ORDER DISMISSING ACTION OF PLAINTIFF DANIEL PROVENCIO, JR.

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IT IS HEREBY STIPULATED AND AGREED THAT all of the claims of Plaintiff DANIEL PROVENCIO, JR., personally and as successor in interest to DANIEL PROVENCIO, deceased, by his guardian ad litem, MARIA LUCERO, in the above-captioned action are hereby dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a) (1).

Dated: October 5, 2010

MICHAEL R. MITCHELL, ESQ. __/s/_Michael R. Mitchell____ MICHAEL R. MITCHELL, ESQ. Attorney for Plaintiff Daniel Provencio, Jr. by His guardian ad litem, Maria Lucero

Dated: October 4, 2010

EDMUND G. BROWN Attorney General of the State of California By: /s/ Benjamin Barnouw_________ BENJAMIN BARNOUW Deputy Attorney General Attorneys for Defendants

Dated: October 4, 2010

LEBEAU ­ THELEN, LLP By: /s/ J. Nile Kinney____________ J. NILE KINNEY Attorney for Defendant Matthew Adams

3 JOINT STIPULATION AND ORDER DISMISSING ACTION OF PLAINTIFF DANIEL PROVENCIO, JR.

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DEAC_Signature-END:

ORDER IT IS HEREBY ORDERED that the claims of Plaintiff DANIEL PROVENCIO, JR., personally and as successor in interest to DANIEL PROVENCIO, deceased, by his guardian ad litem, MARIA LUCERO, Eastern District of California case number 1:07-cv-0069 OWW-JLT, pursuant to the terms of the above stipulation, are hereby dismissed with prejudice pursuant to Federal Rules of Civil Procedure 41(a)(1).

Dated:

By: ______________________________ Oliver W. Wanger United States District Court Judge

IT IS SO ORDERED. Dated:

October 7, 2010

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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4 JOINT STIPULATION AND ORDER DISMISSING ACTION OF PLAINTIFF DANIEL PROVENCIO, JR.