Reed et al v. City of Modesto et al

Filing 119

ORDER Dismissing All Claims Against Harden, and Koehler, Dismissing Federal Claims Against the City and Allowing Nine Deposition to Proceed, signed by District Judge Anthony W. Ishii on 12/29/14. Harden (Chief of Police) and Caeli Koehler (Police Officer, in individual and official capacity ) terminated. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRIAN REED, B.R., a minor, by her
guardian ad litem, Roxanne Sayer,
Plaintiffs,
v.
CITY OF MODESTO, a municipal
corporation, Chief of Police
HARDEN, in his individual capacity;
Police Officer RON ZIYA, Police
Officer CAELI KOEHLER, in their
individual and official capacities,

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Case No. 1:11-cv-01083-AWI-GSA
ORDER DISMISSING ALL CLAIMS
AGAINST HARDEN, AND
KOEHLER, DISMISSING FEDERAL
CLAIMS AGAINST THE CITY, AND
ALLOWING NINE DEPOSITIONS
TO PROCEED
Stipulation submitted herewith
Hon. Anthony W. Ishii

Defendants.

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Having reviewed the parties’ Stipulation to Dismiss All Claims Against the

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City, Harden, and Koehler and to Allow Nine Depositions to Proceed and finding

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good cause therefor, it is hereby ORDERED that:
1.

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All claims against Defendants CHIEF OF POLICE MICHAEL

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HARDEN and OFFICER CAELLI KOEHLER are hereby dismissed with

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prejudice.
2.

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The claims against Defendants CITY OF MODESTO that are brought

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pursuant to 42 U.S.C. § 1983 are hereby dismissed with prejudice.

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///

B URKE , W ILLIAMS &
S ORENS EN , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

LA #4827-7797-0465 v2

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ORDER DISMISSING ALL CLAIMS AGAINST
HARDEN AND KOEHLER, DISMISSING FEDERAL
CLAIMS AGAINST THE CITY, ETC.

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3.

Each side is to bear their own costs and fees with respect to the

dismissals identified in paragraphs 1-2.
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Plaintiffs shall be permitted to depose Officer Caelli Koehler and

Defendants’ police practices expert Anthony Lukin.
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Defendants shall be permitted to depose Plaintiffs’ seven expert

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witnesses – Dr. Barchuk, Dr. Shaw, Dr. Morgenthaler, Dr. Miller, Dr. Robert

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Johnson, Carol Hyland, and Roger Clark – about all work performed on the case,

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all opinions that these experts intend to offer at trial, and all opinions contained in

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their reports.

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IT IS SO ORDERED.
Dated: December 29, 2014
SENIOR DISTRICT JUDGE

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B URKE , W ILLIAMS &
S ORENS EN , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

LA #4827-7797-0465 v2

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ORDER DISMISSING ALL CLAIMS AGAINST
HARDEN AND KOEHLER, DISMISSING FEDERAL
CLAIMS AGAINST THE CITY, ETC.