Garcia, et al. v. City of Ceres, et al.

Filing 43

STIPULATION and ORDER of Partial DISMISSAL WITH PREJUDICE; The sole remaining Plaintiff against the City of Ceres Defendants isMario Armendariz, signed by District Judge Lawrence J. O'Neill on 04/08/2010. Brianna Marie Garcia; Daisy Mayorga; Jessee Alvarez and Marilyn Alvarez terminated. (Martin, S)

1 Kelly R. M. Irwin, SBN 238884 FERGUSON, PRAET & SHERMAN 2 A Professional Corporation 1631 East 18th Street 3 Santa Ana, California 92705 [phone] telephone [phone] facsimile [e-mail] 5 Attorneys for Defendants, City of Ceres, Ceres Police Department, Officer 6 Michael Perez, Sergeant Berber, Officer Julio Amador, Officer Melton, Officer Vanessa Garcia, Officer Brian Ferreira, Lt Brent Smith and Chief of Police Art De 7 Werk 8 9 10 11 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 1:08-CV-01720-LJO-SMS STIPULATION AND ORDER OF PARTIAL DISMISSAL WITH PREJUDICE [FED. R. CIV. P. 41 A]

12 BRIANNA GARCIA, MARIO AMENDARIZ, DAISY MAYORGA, 13 JESSEE ALVAREZ, MARILYN ALVAREZ, 14 Plaintiffs, 15 v. 16 CITY OF CERES, CERES POLICE 17 DEPARTMENT, OFFICER MICHAEL PEREZ, OFFICER 18 BERBER, OFFICER JULIO AMADOR, OFFICER MELTON, 19 CHIEF OF POLICE ART DE WERK, OFFICER VANESSA GARCIA, LT. 20 BRENT SMITH, OFFICER BRIAN FERREIRA, AND DOES 1-100, 21 Defendants. 22 23 1.

Plaintiffs, Brianna Garcia, Daisy Mayorga, Jesse Alvarez and Marilyn

24 Alvarez, and all the City of Ceres Defendants hereby jointly request and stipulate 25 under Fed. R. Civ. P. 41 (a) that the City of Ceres Police Department, Sergeant Jose 26 Berber, Officer Michael Perez, Officer Julio Amador, Officer Chris Melton, Officer 27 Vanessa Garcia, Officer Brian Ferreira, and Lt. Brent Smith be dismissed with 28 prejudice as defendants in this action. Stip and [Proposed] Order re Partial Dismissal w/ Prejudice

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The sole remaining Plaintiff against the City of Ceres Defendants is Each side is to bear its own costs and attorney's fees as to these Plaintiffs

2 Mario Armendariz. 4 and these Defendants. All parties included in this Stipulation waive any and all 5 claims for costs and/or fees that they might have possessed. 6 7 Dated: April 7, 2010 8 9 10 11 12 13 Dated: April 7, 2010 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stip and [Proposed] Order re Partial Dismissal w/ Prejudice By: FERGUSON, PRAET & SHERMAN A Professional Corporation /s/ Kelly R. M. Irwin Kelly R. M. Irwin Attorney for City of Ceres Defendants By: /s/ Kimberly C. Ayers Kimberly C. Ayers Attorney for Plaintiffs LAW OFFICE OF KIMBERLY AYERS

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No. 1:08-CV-01720-LJO-SMS

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ORDER RE PARTIAL DISMISSAL Defendants, City of Ceres Police Department, Sergeant Jose Berber, Officer

3 Michael Perez, Officer Julio Amador, Officer Chris Melton, Officer Vanessa Garcia, 4 Officer Brian Ferreira, and Lt. Brent Smith are hereby dismissed with prejudice as to 5 the entire action filed by Plaintiffs, Brianna Garcia, Daisy Mayorga, Jesse Alvarez 6 and Marilyn Alvarez only. 7 Plaintiff, Mario Armendariz' action against Defendants, City of Ceres Police 8 Department, Sergeant Jose Berber, Officer Michael Perez, Officer Julio Amador, 9 Officer Chris Melton, Officer Vanessa Garcia, Officer Brian Ferreira, and Lt. Brent 10 Smith remains. 11 12 13 14 IT IS SO ORDERED. 15 Dated: b9ed48 16 17 18 19 20 21 22 23 24 25 26 27 28 Stip and [Proposed] Order re Partial Dismissal w/ Prejudice April 8, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE Each side to bear its own costs and attorneys' fees.

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No. 1:08-CV-01720-LJO-SMS