Bray, et al v. City of Lemoore, et al

Filing 41

STIPULATION for DISMISSAL of Officer Stephanie Walters, Officer Cheney, Officer Higgins, Officer Kevin Hale, Officer Jason Cody, and Officer John Paul Henderson and Order, signed by Chief Judge Anthony W. Ishii on 4/12/10. (Hellings, J)

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Jeffery S. Nelson, #66970 NELSON & ROZIER 3924 West Caldwell Avenue, Suite A Visalia, CA 93277 Telephone: [phone] Facsimile: [phone]

Attorneys for Defendants, CITY OF LEMOORE, OFFICER STEPHANIE WALTERS, OFFICER CHENEY, OFFICER HIGGINS, OFFICER KEVIN HALE, and OFFICER JASON CODY

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA -o0oRICHARD BRAY, RANDALL BRAY,) AARON MARTIN, ) ) Plaintiff, ) ) vs. ) ) CITY OF LEMOORE, OFFICER ) STEPHANIE WALTERS, OFFICER) CHENEY, OFFICER HIGGINS,) OFFICER KEVIN HALE, OFFICER) JOHN PAUL HENDERSON, OFFICER) JASON CODY, HENRY CAMPOS,) ZEKE GARCIA, T.J. HENDERSON,) ALBERT GUZMAN, "JORGE" (Last) name unknown), LEO BROWN,) LANCE BROWN, TERRY OLIVEIRA,) ADOLFO'S SILVER BUCKLE) ) LOUNGE, ADOLFO MARTINEZ, ) ) Defendants. Case No. 1:09-CV-00328-AWI-SMS

STIPULATION FOR DISMISSAL OF OFFICER STEPHANIE WALTERS, OFFICER CHENEY, OFFICER HIGGINS, OFFICER KEVIN HALE, OFFICER JASON CODY AND OFFICER JOHN PAUL HENDERSON AND ORDER THEREON

-1STIPULATION FOR DISMISSAL OF OFFICER STEPHANIE WALTERS, OFFICER CHENEY, OFFICER HIGGINS, OFFICER KEVIN HALE, OFFICER JASON CODY AND OFFICER JOHN PAUL HENDERSON AND ORDER THEREON

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Dated: March 23, 2010 18 19 20 21 22 23 24 25

-o0oPursuant to the provisions of Fed.R.Civ.P. 41(a)(1), the parties, by and through their respective counsel, hereby stipulate that OFFICER STEPHANIE WALTERS, OFFICER CHENEY, OFFICER HIGGINS, OFFICER KEVIN HALE, and OFFICER JASON CODY AND OFFICER JOHN PAUL HENDERSON ONLY be dismissed with prejudice from this action, with the parties bearing their own costs and attorney's fees. Defendants, HENRY CAMPOS, ZEKE GARCIA and ALBERT GUZMAN have been served with the summons and complaint but have not appeared in the action. Defendants, T.J. HENDERSON, "JORGE" (Last

name unknown), LEO BROWN, LANCE BROWN and TERRY OLIVEIRA were never served with the summons and complaint. IT IS SO STIPULATED. Dated: March 31, 2010 BOURDETTE & PARTNERS By /s/ PHILIP C. BOURDETTE Philip C. Bourdette, Attorneys for plaintiffs, RICHARD BRAY, RANDALL BRAY AND AARON MARTIN NELSON & ROZIER By /s/ JEFFERY S. NELSON Jeffery S. Nelson, Attorneys for defendants, OFFICER STEPHANIE WALTERS, OFFICER CHENEY, OFFICER HIGGINS, OFFICER KEVIN HALE, OFFICER JASON CODY AND CITY OF LEMOORE

-2STIPULATION FOR DISMISSAL OF OFFICER STEPHANIE WALTERS, OFFICER CHENEY, OFFICER HIGGINS, OFFICER KEVIN HALE, OFFICER JASON CODY AND OFFICER JOHN PAUL HENDERSON AND ORDER THEREON

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Dated: March 23, 2010

BENNETT & SHARP, INC.

By /s/ HEATHER N. PHILLIPS Heather N. Phillips, Attorneys for OFFICER JOHN PAUL HENDERSON Dated: March 24, 2010 GRISWOLD, LaSALLE, COBB, DOWD & GIN, L.L.P

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IT IS SO ORDERED. Dated: 0m8i78 April 12, 2010

By /s/ MICHAEL R. JOHNSON Michael R. Johnson, Attorneys for SILVER BUCKLE LOUNGE and ADOLFO MARTINEZ ORDER OF DISMISSAL Because the parties have filed a properly signed Rule 41(a)(1)(A)(ii) notice of voluntary dismissal, the above-named defendants are hereby DISMISSED WITH PREJUDICE from this case.

/s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE

-3STIPULATION FOR DISMISSAL OF OFFICER STEPHANIE WALTERS, OFFICER CHENEY, OFFICER HIGGINS, OFFICER KEVIN HALE, OFFICER JASON CODY AND OFFICER JOHN PAUL HENDERSON AND ORDER THEREON