Rodriguez v. County of Stanislaus, et al.

Filing 154

STIPULATION and ORDER Dismissing Action With Prejudice as to Defendant City of Modesto only, signed by Judge Oliver W. Wanger on 6/18/2010. (Jessen, A)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 Joseph W. Carcione, Jr. Esq. (SB# 56693) Aaron B. Markowitz, Esq. (SB# 220694) John P. Carcione, Esq. (SB# 215753) CARCIONE, CATTERMOLE, DOLINSKI, OKIMOTO, STUCKY, UKKSHINI, MARKOWITZ & CARCIONE, L.L.P. A Professional Corporation 601 Brewster Avenue P.O. Box 3389 Redwood City, CA 94064 Telephone: (650) 367-6811 Facsimile: (650)367-0367 Attorneys for Plaintiff LUCIO CORRAL RODRIGUEZ, individually, and as Successor in Interest to the decedents, MARICRUZ CORRAL, IVAN ALEXANDER CORRAL, and LUCIO ANTHONY CORRAL SUSANA ALCALA WOOD, SB#156366 RICHARD B. EVANS, Senior Deputy City Attorney #65737 City of Modesto 1010 10th Street, Suite 6300 P.O. Box 642 Modesto, California 95353 Telephone: (209) 577-5284 Facsimile: (209) 544-8260 Attorneys for Defendant CITY OF MODESTO 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LUCIO CORRAL RODRIGUEZ, ) individually and as Successor in Interest to ) the decedents, MARICRUZ CORRAL, ) IVAN ALEXANDER CORRAL, and LUCIO ) ANTHONY CORRAL, ) ) Plaintiff, ) ) vs. ) ) COUNTY OF STANISLAUS, CITY OF ) MODESTO, CITY OF RIVERBANK, ) STATE OF CALIFORNIA, AMTRAK ) CALIFORNIA, BURLINGTON ) NORTHERN SANTA FE RAILWAY, and ) DOES 1 to 200, ) ) Defendants. ) ) -1No. 1:08- CV-00856-OWW-GSA UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA - FRESNO STIPULATION AND ORDER OF DISMISSAL [FRCP 41(a)(2)] 1 2 3 4 5 6 7 8 9 10 11 12 13 It is hereby stipulated and agreed by and between Plaintiff, LUCIO CORRAL RODRIGUEZ, individually and as Successor in Interest to the decedents, MARICRUZ CORRAL, IVAN ALEXANDER CORRAL, and LUCIO ANTHONY CORRAL and Defendant CITY OF MODESTO, through their respective undersigned counsel that the above-entitled action be dismissed with prejudice as to Defendant CITY OF MODESTO, only. It is further stipulated by said parties that Plaintiff bear his own costs and attorney's fees incurred in this action and that Defendant CITY OF MODESTO bear its own costs and attorney's fees incurred in this action. Date: June 15, 2010 By /s/ JWC JOSEPH W. CARCIONE Attorneys for Plaintiff LUCIO CORRAL RODRIGUEZ, individually and as Successor-in-Interest to the decedents MARICRUZ CORRAL, IVAN ALEXANDER CORRAL, and LUCIO ANTHONY CORRAL SUSANA ALCALA WOOD, City Attorney 14 15 Dated: 16 17 18 ORDER 19 The Court having reviewed the Stipulation set forth above and finds it to be in order, 20 therefore, 21 IT IS ORDERED that: 22 1. This action be and is dismissed with prejudice as to Defendant CITY OF MODESTO, 23 only. 24 2. PLAINTIFF and defendant CITY OF MODESTO shall bear their own costs and 25 attorney's fees incurred in this action. 26 27 IT IS SO ORDERED. 28 -2June 15, 2010 By /s/ RBE RICHARD B. EVANS Senior Deputy City Attorney Attorneys for Defendant CITY OF MODESTO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: June 18, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE -3-

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