Armstrong et al v. Merced County et al

Filing 68

STIPULATION and ORDER DISMISSING Defendant California Forensic Medical Group, With Prejudice, and DISMISSING ACTION signed by Magistrate Judge Sheila K. Oberto on 9/16/2013. CASE CLOSED. (Jessen, A)

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1 2 3 4 5 6 7 ROBERT D. PONCE (State Bar No.: 108069) LAW OFFICES OF ROBERT D. PONCE 787 Munras Avenue, Suite 200 Monterey, CA 93940 Telephone: (831) 649-0515 Facsimile: (831) 649-3397 E-Mail: rponce@redshift.com Attorney for Plaintiffs, MARTHA ARMSTRONG, KERED ARMSTRONG, a Minor, by and through his Guardian ad Litem, MARTHA ARMSTRONG, DEREK ARMSTRONG, JR., a Minor, by and through his Guardian ad litem, Stephanie Tross and ROSHONTA COLLINS 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 FRESNO DIVISION 11 12 13 14 MARTHA ARMSTRONG, KERED ARMSTRONG, a Minor, by and through his Guardian ad Litem, MARTHA ARMSTRONG, DEREK ARMSTRONG, JR., a Minor, by and through his Guardian ad Litem, Stephanie Tross and ROSHONTA COLLINS, 15 Plaintiffs, 16 v. 17 MERCED COUNTY, et al., 18 Defendants. 19 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 1:11-CV-01632-SKO STIPULATION FOR DISMISSAL OF DEFENDANT CALIFORNIA FORENSIC MEDICAL GROUP WITH PREJUDICE; ORDER 20 Pursuant to Federal Rule of Civil Procedure 41, this Stipulation for Dismissal with 21 Prejudice is entered into between plaintiffs MARTHA ARMSTRONG, KERED ARMSTRONG, 22 a Minor, by and through his Guardian ad Litem, Martha Armstrong, DEREK ARMSTRONG, 23 JR., a Minor, by and through his Guardian ad Litem, Stephanie Tross and ROSHONTA 24 COLLINS and defendant CALIFORNIA FORENSIC MEDICAL GROUP, INCORPORATED 25 (hereinafter referred to as “CFMG”). 26 WHEREAS, the original Complaint for Damages (“Complaint”) in this action was filed 27 on September 26, 2011. The First Amended Complaint was filed on June 16, 2012 and the 28 __________________________________________________________________________________________________________________ STIPULATION FOR DISMISSAL OF DEFENDANT CFMG WITH PREJUDICE; ORDER Armstrong v. County of Merced, et al. - Case No.: 1:11-CV-01632-SKO 1 Second Amended Complaint in this action was filed on February 14, 2013. All defendants filed 2 answers to each of the complaints. 3 WHEREAS, the parties settled this action at a voluntary mediation conducted on July 1, 4 2013. The parties agreed, at said mediation, that all settlement funds will be paid by CFMG 5 and/or insurers on behalf of CFMG. 6 WHEREAS, on August 30, 2013, the above-entitled Court, the Honorable Sheila K. 7 Oberto, presiding, granted the Petition for Compromise of the claims of minors, KERED 8 ARMSTRONG and DEREK ARMSTRONG, JR., filed respectively by Martha Armstrong, 9 Guardian ad Litem for KERED ARMSTRONG and Stephanie Tross, Guardian ad Litem for 10 DEREK ARMSTRONG, JR. 11 WHEREAS, the Release and Settlement Agreement has been properly executed by the 12 parties and payment of settlement funds by defendant, CFMG, are en route to plaintiff’s counsel. 13 The parties hereby dismiss CFMG with prejudice. 14 DATED: September 16, 2013 LAW OFFICES OF ROBERT D. PONCE 15 16 By: 17 /S/ ROBERT D. PONCE Attorney for Plaintiffs 18 DATED: September 16, 2013 TRIMBLE, SHERINIAN & VARANINI 19 20 By: 21 22 // 23 // 24 // 25 // 26 // 27 // 28 /S/ JEROME M. VARANINI Attorney for Defendant CALIFORNIA FORENSIC MEDICAL GROUP, INC. // __________________________________________________________________________________________________________________ STIPULATION FOR DISMISSAL OF DEFENDANT CFMG WITH PREJUDICE; ORDER Armstrong v. County of Merced, et al. - Case No.: 1:11-CV-01632-SKO -2- 1 ORDER 2 Upon review of the above Stipulation of the parties, and based upon the records and 3 papers on file herein and good cause appearing therefrom, IT IS HEREBY ORDERED that this 4 action is dismissed with prejudice as to defendant CALIFORNIA FORENSIC MEDICAL 5 GROUP. 6 7 All defendants having been dismissed from this action, the Clerk of the Court is directed to administratively close this action. 8 9 10 11 IT IS SO ORDERED. Dated: ie14hj September 16, 2013 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 __________________________________________________________________________________________________________________ STIPULATION FOR DISMISSAL OF DEFENDANT CFMG WITH PREJUDICE; ORDER Armstrong v. County of Merced, et al. - Case No.: 1:11-CV-01632-SKO -3-

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