Vivero v. City of Merced Police Department et al

Filing 40

STIPULATION to DISMISSAL of Complaint With Prejudice, signed by District Judge Lawrence J. O'Neill on 1/8/10: City of Merced Police Department and Officer Joseph Henderson are DISMISSED. Defendants agree to bear their own attorney fees and costs.(Hellings, J)

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DALE L. ALLEN, JR, # 145279 DIRK D. LARSEN, # 246028 LOW, BALL & LYNCH 505 Montgomery Street, 7th Floor San Francisco, California 94111-2584 Telephone [phone] Facsimile [phone] Email: [e-mail] Email: [e-mail] Attorneys for Defendants CITY OF MERCED POLICE DEPARTMENT, MERCED POLICE OFFICER JOSEPH HENDERSON AND MERCED POLICE SERGEANT CURT GORMAN UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

FABIAN VIVERO, an individual, Plaintiff, vs. CITY OF MERCED POLICE DEPARTMENT, CITY OF MERCED POLICE OFFICER JOSEPH HENDERSON, CITY OF MERCED POLICE SERGEANT, CURT GORMAN, DOES 1 THROUGH 50, Defendants.

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Case No. 1:08-cv-01751 LJO-DLB STIPULATION TO DISMISSAL OF COMPLAINT WITH PREJUDICE AND ORDER (F.R.C.P. 41)

IT IS HEREBY STIPULATED between the parties in the above-captioned action, plaintiff to dismiss the complaint with prejudice against the CITY OF MERCED POLICE DEPARTMENT and OFFICER JOSEPH HENDERSON. Defendants agree to bear their own attorney fees and costs. Dated: January 8, 2010. LOW, BALL & LYNCH By /s/ Dirk D. Larsen DALE L. ALLEN DIRK D. LARSEN Attorneys for Defendant CITY OF MERCED POLICE DEPARTMENT, OFFICER JOSEPH HENDERSON

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-1STIPULATION TO DISMISSAL OF COMPLAINT AND [PROPOSED] ORDER K:\LJO\To_Be_Signed\08cv1751.order.wpd USDC Case No. CV-01751 LJO-DLB

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(STIPULATION TO DISMISSAL OF COMPLAINT (Con't)

Date: January 8, 2010.

LAW OFFICE OF JOHN GARCIA

By

/s/ John Garcia JOHN GARCIA Attorney for Plaintiff FABIAN VIVERO

ORDER Pursuant to the stipulation of the parties herein, it is HEREBY ORDERED: 1. That plaintiff FABIAN VIVERO'S complaint is hereby DISMISSED WITH

PREJUDICE as to defendants CITY OF MERCED POLICE DEPARTMENT and OFFICER JOSEPH HENDERSON; 2. As defendant CURT GORMAN was dismissed from this action pursuant to the parties'

prior stipulation and the Court's October 28, 2009 Order denying defendants' motion for summary judgment, this entire action is hereby DISMISSED WITH PREJUDICE. 3. The trial is vacated.

IT IS SO ORDERED. Dated: b9ed48 January _____, 2010. /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

-2STIPULATION TO DISMISSAL OF COMPLAINT AND [PROPOSED] ORDER K:\LJO\To_Be_Signed\08cv1751.order.wpd USDC Case No. CV-01751 LJO-DLB