[GSA] Latoya McKenzie, et al. vs. Kern County, et al.

Filing 93

STIPULATION and ORDER to Dismiss Plaintiff's Claims With Prejudice, signed by Chief Judge Anthony W. Ishii on 8/1/11. (Hellings, J)

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FEDERICO CASTELAN SAYRE, ESQ., SBN 067420
[e-mail]
SAYRE & LEVITT, LLP
900 N. BROADWAY, 4th FLOOR
SANTA ANA, CALIFORNIA 92701-3452
Phone [phone]
Facsimile [phone]

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Attorneys for Plaintiffs:

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF California
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LATOYA MCKENZIE, et al.
Plaintiffs

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v.

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KERN COUNTY, et al

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Defendants.
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CASE NUMBER:
09-CV-01658-AWI-DLB
Assigned to Magistrate Judge
Dennis L. Beck
STIPULATION TO DISMISS
PLAINTIFF'S CLAIMS WITH
PREJUDICE; ORDER THEREON
[F.R.C.P. 41]

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COMES NOW, the Parties herein, by and through their respective counsel

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of record, Federico C. Sayre, Esq. of SAYRE & LEVITT, LLP for Plaintiff Brenda

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McKenzie, Andrew C. Thomson, Deputy, Office of Kern County Counsel, for

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Defendants County of Kern, Kern County Sheriff’s Office, Otis Whinery, Douglas

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Jauch, Edward Tucker and Patrick Neal (hereinafter collectively “Kern

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Defendants”) and Mildred K. O'linn, Esq. of Manning & Kass Ellrod Ramirez

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Law Offices of:
Sayre & Levitt, LLP

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STIPULATION FOR DISMISSAL WITH PREJUDICE

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Trestor, counsel for Defendant Taser International, Inc. with the authority of their
respective clients, agree as follows:

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1.

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Plaintiff Brenda McKenzie voluntarily dismisses her claims against all

defendants pursuant to F.R.C.P. Rule 41(a), with prejudice.

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2.

Defendants agree to waive all costs of litigation, and to waive all

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accrued attorneys' fees, to the extent any would be recoverable against this

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plaintiff.

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IT IS SO STIPULATED.

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DATED: July 29, 2011

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SAYRE & LEVITT, LLP
By: _/s/ Federico C. Sayre__
Federico C. Sayre
Attorneys for Plaintiffs

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DATED: July 29, 2011

OFFICE OF COUNTY COUNSEL

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By: _/s/ Andrew C. Thomson by email auth
Andrew C. Thomson, Deputy
Attorneys for Kern Defendants

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DATED: July 29, 2011

MANNING & KASS

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By: _/s/ Mildred K. O'Linn via email auth
Mildred O’Linn
Attorneys for Defendants TASER

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Law Offices of:
Sayre & Levitt, LLP

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STIPULATION FOR DISMISSAL WITH PREJUDICE

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ORDER

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THE COURT finds that: Pursuant to the Stipulation re Dismissal between

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plaintiff Brenda McKenzie, and Defendants County of Kern, Kern County

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Sheriff’s Office, Otis Whinery, Douglas Jauch, Edward Tucker, Patrick Neal and

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Taser International, Inc. all causes of action against defendants are dismissed with

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prejudice. Furthermore, plaintiff Brenda McKenzie, and Defendants County of

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Kern, Kern County Sheriff’s Office, Otis Whinery, Douglas Jauch, Edward

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Tucker, Patrick Neal and Taser International, Inc. mutually agreed waive all costs,

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court fees and attorneys’ fees arising out of this litigation involving these parties.
IT IS ORDERED that this action is hereby dismissed with prejudice. Each

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party to bear its own costs and attorneys' fees.

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IT IS SO ORDERED.
Dated: August 1, 2011
CHIEF UNITED STATES DISTRICT JUDGE
DEAC_Sig nature-END:

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0m8i788

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Law Offices of:
Sayre & Levitt, LLP

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STIPULATION FOR DISMISSAL WITH PREJUDICE