Turner, Jr. v. County of Kern et al

Filing 151

STIPULATION and ORDER DISMISSING ENTIRE CASE Including Defendants County of Kern and Wesley Kraft signed by District Judge Anthony W. Ishii on 08/11/2014. CASE CLOSED. (Flores, E)

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THERESA A. GOLDNER, COUNTY COUNSEL
COUNTY OF KERN, STATE OF CALIFORNIA
By Marshall S. Fontes, Deputy (SBN 139567)
Kern County Administrative Center
1115 Truxtun Avenue, Fourth Floor
Bakersfield, California 93301
Telephone: [phone]
Facsimile: 661-868-3805
Attorney for Defendants,
County of Kern, Deputy Wesley Kraft,
and Donny Youngblood

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID LEE TURNER, JR, as Successor )
in Interest to DAVID LEE TURNER, SR., )
deceased, ALFONSO TURNER, AHMAD )
TURNER, WHITTNEY TURNER, JALISA )
TURNER, TIFFANY TURNER, NACOLE )
TURNER, DESMOND TURNER,
)
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Plaintiffs,
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v.
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COUNTY OF KERN, a municipal
)
corporation; DEPUTY WESLEY KRAFT, )
an individual; DEPUTY AARON NADAL, )
an individual; DONNY YOUNGBLOOD, )
an individual, and DOES 1 through 10, )
inclusive,
)
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Defendants.
)

Case No. 1:11-cv-1366-AWI-SKO

STIPULATION FOR DISMISSAL OF
ENTIRE CASE INCLUDING
DEFENDANTS COUNTY OF KERN AND
WESLEY KRAFT; [PROPOSED] ORDER

Trial date:
Time:
Courtroom:

September 9, 2014
9:00 a.m.
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Honorable Anthony W. Ishii

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COME NOW the Parties to this matter, Plaintiffs David Lee Turner, Jr.,

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individually and as successor in interest to David Lee Turner, Sr., deceased, Alfonso

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Turner, Ahmad Turner, Whittney Turner, Jalisa Turner, Tiffany Turner, Nacole Turner,

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and Desmond Turner, as Plaintiffs and rightful heirs of decedent, David Lee Turner Sr.,
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Joint Stipulation for a Dismissal of the Entire Action, with Prejudice

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(hereinafter “Plaintiffs”) through their counsel of record Brian T. Dunn, of the Cochran

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Law Firm, and Gerson Horn of the Law Offices of Gerson Horn, and Defendants County

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of Kern and Wesley Kraft (hereinafter collectively “County Defendants”) through their

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counsel of record Marshall S. Fontes of Kern County Counsel’s Office, and provide as

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follows:

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IT IS HEREBY STIPULATED, by and between the Parties to this action through

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their designated counsel, that the above-captioned action be dismissed with prejudice

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in its entirety as to any complaint, allegation and/or cause of action against County

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Defendants, more specifically the dismissal of the entire applicable complaint of

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Plaintiffs against Defendants County of Kern and Wesley Kraft.

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IT IS FURTHER STIPULATED that the aforementioned dismissal is in

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consideration of a resolution of the matter by the Parties, and that each party hereby

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agrees to bear all of its/their own costs and attorney’s fees with respect to this litigation.

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Dated: August 11, 2014

COCHRAN LAW FIRM

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By /s/ Brian T. Dunn
Brian T. Dunn, Esq.
Attorneys for Plaintiffs

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.

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Dated: August 11, 2014

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By /s/ Gerson S. Horn
Gerson S. Horn, Esq.
Attorneys for Plaintiffs

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LAW OFFICES OF GERSON S. HORN

Dated: August 11, 2014

THERESA A. GOLDNER,
COUNTY COUNSEL

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By /s/ Marshall S. Fontes
Marshall S. Fontes, Deputy
Attorneys for Defendants

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Joint Stipulation for a Dismissal of the Entire Action, with Prejudice

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ORDER

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Accordingly, IT IS HEREBY ORDERED that:
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Dismissal of this case with prejudice (see Fed. R. Civ. Pro. 41(a)(1)); and

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The Clerk shall CLOSE this case in light of the parties signed Stipulation for

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All currently pending dates in this matter, including the September 9, 2014,
trial-date, are VACATED.

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IT IS SO ORDERED.
Dated: August 11, 2014
SENIOR DISTRICT JUDGE

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Joint Stipulation for a Dismissal of the Entire Action, with Prejudice