Garcia v. County of Tulare et al

Filing 39

STIPULATION of the Parties Dismissing Certain Defendants and Causes of Action of the Firest Amended Complaint and Proposed ORDER, signed by Chief Judge Anthony W. Ishii on 11/12/2009. (Wheeler; Bill Wittman; County of Tulare and Joshua Fisher terminated) (Martin, S)

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KATHLEEN BALES-LANGE, #094765 COUNTY COUNSEL OF THE COUNTY OF TULARE JULIA LANGLEY, #161035, Deputy 2900 West Burrel Visalia, CA 93291 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant

IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 10 GUSTAVO A. GARCIA, 11 12 13 14 15 16 17 18 The parties hereby stipulate that the Plaintiff will voluntarily dismiss, pursuant to FRCP 19 20 21 22 23 24 2. 25 26 27 28 and Imprisonment in Retaliation for Exercise of First Amendment and California Constitutional and Statutory Rights is dismissed in its entirety against all named defendants. Second Count, Violation of Federal Civil Rights (First Amendment): False Arrest Rule 41(a), from his First Amended Complaint filed on September 12, 2008: 1. As to the First Cause of Action, the County of Tulare (for which liability allegedly ) ) Plaintiff, ) ) v. ) ) COUNTY OF TULARE, et al., ) ) Defendants. ) ____________________________________) NO. 1:08-CV-00940-AWI-SMS STIPULATION OF THE PARTIES DISMISSING CERTAIN DEFENDANTS AND CAUSES OF ACTION OF THE FIRST AMENDED COMPLAINT AND PROPOSED ORDER

arises under Monell), Tulare County Sheriff's Sergeant Wheeler, Tulare County Sheriff Bill Wittman, and Tulare County Sheriff Deputy Joshua Fisher are dismissed.

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3.

Fourth Count, Violation of the "Bane Act" (Cal. Civ. Code § 52.1), is dismissed in

its entirety against all named defendants. 4. Fifth Count, Intentional Infliction of Emotional Distress, is dismissed in its

4 5 6 7 8 9 1. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 IT IS SO ORDERED. Dated: 0m8i78 November 12, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE Dated: 11-6-09 KATHLEEN BALES-LANGE Tulare County Counsel By /s/ Julia Langley Julia Langley Deputy County Counsel ORDER Dated: 11-6-09 JAMES C. HOLLAND By /s/ James C. Holland James C. Holland Attorney for Plaintiff 2. First cause of action against defendant, Sergeant Liles. First and Third causes of action against defendant, Brandee Robinson. entirety against all named defendants. 5. Sixth Count, Respondeat Superior, is dismissed as to Bill Wittman in his

individual capacity, leaving the County of Tulare as the only defendant named in Count Six. The parties further stipulate that the following causes of action remain: