Rodriguez et al v. City of Modesto et al

Filing 98

ORDER on Stipulation and Order for Dismissal of All Claims, signed by District Judge Lawrence J. O'Neill on 7/24/15. (CASE CLOSED)(Hellings, J)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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MIGUEL RODRIGUEZ and CHARISSE
12 FERNANDEZ,

Case No: 10-cv-01370 LJO MJS

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STIPULATION AND ORDER FOR
DISMISSAL OF ALL CLAIMS

Plaintiffs,

14 v.
15 CITY OF MODESTO, a municipal corporation;
RON CLOWARD, Lieutenant; JOHN
16 BUEHLER, Sergeant; JAMES MURPHY,
RONNY ZIYA, MARK FONTES and
17 KALANI SOUZA, Police Officers, in their
individual and official capacities; and Does 1
18 through 10,
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Defendants.

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STIPULATION AND ORDER FOR DISMISSAL [10-CV-01370 LJO MJS]

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STIPULATION
The parties to the above-entitled action, by and through their respective counsel of record,

3 hereby stipulate and agree as follows:
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1.

The Parties have reached a collective settlement on all issues raised in this matter.

5 The terms of which are set forth in a written agreement.
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2.

The Parties seek to dismiss all claims presented in the Second Amended Complaint

7 with prejudice pursuant to the terms of the respective settlement agreements, as more fully set
8 forth within the Settlement Agreements and Releases executed by and between the Parties.
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3.

The terms of the settlement have been fully performed by issuance of a check in the

10 amount of $165,000.00 (one hundred and sixty-five thousand and no cents), which Plaintiff has
11 requested be made to “Miguel Rodriguez, Charisse Fernandez, Steven R. Yourke and John L.
12 Burris” and was delivered to the Law Offices of Steven R. Yourke.
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4.

The parties wish to dismiss the entire action with prejudice.

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WHEREFORE, the parties hereby stipulate and agree as follows:

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1.

The above-captioned case shall be dismissed with prejudice in its entirety pursuant

16 to Fed. R. Civ. P. 41.
Each side shall bear its own attorneys’ fees and costs.

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2.

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IT IS SO STIPULATED.

19 DATED:

MEYERS, NAVE, RIBACK, SILVER & WILSON

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By:
Blake P. Loebs
Attorneys for Defendants
CITY OF MODESTO, RON CLOWARD, JOHN
BUEHLER, JAMES MURPHY,
RONNY ZIYA, MARK FONTES and KALANI
SOUZA

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(Signatures continue on following page)

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STIPULATION AND ORDER FOR DISMISSAL [10-CV-01370 LJO MJS]

1 DATED:

LAW OFFICE OF STEVEN R. YOURKE

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By:
Steven R. Yourke
Attorneys for Plaintiffs MIGUEL RODRIGUEZ
and CHARISSE FERNANDEZ

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LAW OFFICE OF JOHN BURRIS

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By:
John L. Burris
Attorneys for Plaintiffs MIGUEL RODRIGUEZ
and CHARISSE FERNANDEZ

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ORDER

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IT IS HEREBY ORDERED that, pursuant to the stipulation of the parties which is recited

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above.
IT IS FURTHER ORDERED that, pursuant to the same stipulation, as to each and every
cause of action so dismissed pursuant to this stipulation and order, each party shall bear his, her or
its own costs of litigation, including attorneys’ fees.

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IT IS SO ORDERED.
Dated:

July 24, 2015

/s/ Lawrence J. O’Neill
UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER FOR DISMISSAL [10-CV-01370 LJO MJS]