Harb et al v. County of Kern et al

Filing 13

STIPULATION Re Dismissal as to Defendant County of Kern and Kern Medical Center, signed by District Judge Lawrence J. O'Neill on 9/30/10: The Plaintiffs and Defendant County of Kern/Kern Medical Center will bear their own costs and attorneys fees; The Clerk is directed NOT to close this action. (Hellings, J)

Harb et al v. County of Kern et al

Doc. 13

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THERESA A. GOLDNER, COUNTY COUNSEL COUNTY OF KERN, STATE OF CALIFORNIA By Jennifer E. Zahry, Deputy (SBN 207836) Kern County Administrative Center 1115 Truxtun Avenue, Fourth Floor Bakersfield, California 93301 Telephone: [phone] Facsimile: 661-868-3805 Attorney for Defendant, County of Kern UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

MOHAMAD HARB aka MOHAMED HARB, an individual by and through his conservator Fatema Zagloul; and FATEMA ZAGLOUL aka FATEMA HARB, an individual and as Conservator for Mohamed Harb, Plaintiffs, v. CITY OF BAKERSFIELD; BAKERSFIELD POLICE DEPARTMENT; CLAUDIA PAYNE, a Bakersfield Police Officer; HALL AMBULANCE SERVICE, INC.; a California corporation; BRIAN DUMONT, an individual; DARCY SMITH, an individual; LORI THOMAS, an individual; COUNTY OF KERN; KERN MEDICAL CENTER; LUBNA JAVED SYED, M.D., an individual; and DOES 1 through 50, inclusive, Defendants.

CASE NO. 1:10-cv-1385-LJO-DLB

STIPULATION RE DISMISSAL AS TO DEFENDANT COUNTY OF KERN/KERN MEDICAL CENTER; ORDER

AND RELATED CROSS-ACTIONS.

Stipulation for Dismissal; [Proposed] Order 1

Dockets.Justia.com

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The Plaintiffs herein, Mohamad Harb aka Mohamed Harb, an individual by and through his conservator Fatema Zagloul, and Fatema Zagloul aka Fatema Harb, an individual and as Conservator for Mohamed Harb, and the Defendant County of Kern (erroneously also sued in the name of its entity Kern Medical Center), by and through their respective counsel, hereby stipulate as follows: W HEREAS the parties have agreed to settle the matter without additional litigation; And WHEREAS the plaintiffs and the defendant County of Kern/Kern Medical Center have agreed to bear their own costs and attorney's fees; The parties do hereby STIPULATE AND AGREE that the action as to the Defendant County of Kern/Kern Medical Center is dismissed with prejudice. The parties agree that this stipulation may be signed in counterpart.

Dated: September 27, 2010

LAW OFFICES OF STEVEN G. GIBBS

By: /s/ Steven G. Gibbs Steven G. Gibbs, Esq. Attorney for Plaintiffs, Mohamad Harb and Fatema Zagloul aka Fatema Harb Dated: September 30, 2010 THERESA A. GOLDNER, COUNTY COUNSEL

By: /s/ Jennifer Esquivel Zahry Jennifer Esquivel Zahry, Deputy Counsel for Defendant County of Kern

ORDER Having considered the stipulation requesting dismissal of the matter signed by counsel for the parties, and good cause appearing, the Court HEREBY ORDERS, ADJUDGES AND DECREES as follows:

Stipulation for Dismissal; [Proposed] Order 2

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1.

The Second Amended Complaint of the plaintiffs as to defendant County of

Kern/Kern Medical Center is dismissed in its entirety with prejudice. 2. The plaintiffs and defendant County of Kern/Kern Medical Center will bear

their own costs and attorneys fees. The Clerk is directed NOT to close this action.

IT IS SO ORDERED. Dated: 66h44d September 30, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

Stipulation for Dismissal; [Proposed] Order 3