Engert v. Stanislaus County et al

Filing 127

Stipulation to Dismiss Bane Act Claim against all Defendants; ORDER signed by District Judge Lawrence J. O'Neill on 3/23/15. (Verduzco, M)

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Sean D. O’Dowd SBN 296320
GOYETTE & ASSOCIATES
2366 Gold Meadow Way Ste 200
Gold River, CA 95670
Tel: [phone]
Fax: [phone]

Richard H. Schoenberger SBN 122190
Spencer J. Pahlke, SBN 250914
WALKUP, MELODIA, KELLY &
SCHOENBERGER
650 California Street, 26th Floor
San Francisco, CA 94108
Tel: [phone]
Fax: [phone]

Attorney for Defendant SERGEANT MANUEL
MARTINEZ

Attorneys for Plaintiffs IRINA ENGERT,
ANNE ENGERT, and RON ENGERT

Bruce A. Kilday, SBN 66415
Amie C. McTavish, SBN 242372
ANGELO, KILDAY & KILDUFF, LLP
601 University Avenue Suite 150
Sacramento, CA 958625
Tel: [phone]
Fax: [phone]

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A PROFESSIONAL CORPORATION
Terence J. Cassidy, SBN 099180
Kristina M. Hall, SBN 196794
Lauren E. Calnero, SBN 284655
350 University Avenue, Suite 200
Sacramento, California 95825
Tel: [phone]
Fax: [phone]

Attorney for Defendants DEPUTY MICHAEL
GLINSKAS and ESTATE OF ROBERT PARIS,
JR

Attorneys for Defendant COUNTY OF
STANISLAUS,
SHERIFF
ADAM
CHRISTIANSON and LIEUTENANT CLIFF
HARPER
Jesse M. Rivera, SBN 84259
Jill B. Nathan, SBN 186136
RIVERA & ASSOCIATES
2180 Harvard St Ste 310
Sacramento, CA 95815
Tel: [phone]
Fax: [phone]
Attorneys for Defendant SERGEANT MANUEL
MARTINEZ

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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IRINA ENGERT, ANNE ENGERT, and RON
ENGERT, Individually and as Successors-inInterest to Glendon Engert,

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Case No.: 1:13-CV-00126-LJO-BAM
STIPULATION TO DISMISS BANE ACT
CLAIM [CALIFORNIA CIVIL CODE § 52.1]
AGAINST ALL DEFENDANTS; ORDER

Plaintiffs,
vs.

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STIPULATION TO DISMISS BANE ACT CLAIM [CALIFORNIA CIVIL CODE § 52.1] AGAINST ALL
DEFENDANTS; ORDER
{01378105.DOC}

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STANISLAUS COUNTY; SHERIFF ADAM
CHRISTIANSON; ROBERT LEE PARIS, SR.
and ELIZABETH JANE PARIS, PERSONAL
REPRESENTATIVES TO THE ESTATE OF
DEPUTY SHERIFF ROBERT LEE PARIS,
JR.; DEPUTY MICHAEL GLINSKAS;
SERGEANT
MANUEL
MARTINEZ;
LIEUTENANT
CLIFF
HARPER;
RT
FINANCIAL, INC.; RONI ROBERTS; and
DOES ONE through TWENTY-FIVE,
inclusive,
Defendants.
/

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TO THE COURT, TO ALL PARTIES, AND TO THEIR COUNSEL OF RECORD:

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Pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), Plaintiffs IRINA, RON and ANNE

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ENGERT (“Plaintiffs”) and Defendants COUNTY OF STANISLAUS, LIEUTENANT CLIFF

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HARPER, SERGEANT MANUEL MARTINEZ, DEPUTY MICHAEL GLINSKAS and the ESTATE

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OF DEPUTY ROBERT LEE PARIS, by and through their undersigned counsel, hereby stipulate as

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follows:

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(1) Any and all claims arising under the Bane Act, California Civil Code § 52.1, against

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Defendants COUNTY OF STANISLAUS, LIEUTENANT CLIFF HARPER, SERGEANT MANUEL

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MARTINEZ, DEPUTY MICHAEL GLINSKAS and the ESTATE OF DEPUTY ROBERT LEE

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PARIS are dismissed with prejudice.

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Each party shall bear its/his own attorney fees and costs incurred in regard to the prosecution
and defense of those claims.
IT IS SO STIPULATED.
Respectfully submitted,

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Dated: March 20, 2015

WALKUP, MELODIA, KELLY & SCHOENBERGER
By

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Richard H. Schoenberger (as authorized march 20, 2015)
Richard H. Schoenberger
Spencer J. Pahlke
Attorneys for Plaintiffs
IRINA ENGERT, ANNE ENGERT, and RON ENGERT

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STIPULATION TO DISMISS BANE ACT CLAIM [CALIFORNIA CIVIL CODE § 52.1] AGAINST ALL
DEFENDANTS; ORDER
{01378105.DOC}

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Dated: March 20, 2015

PORTER SCOTT
A PROFESSIONAL CORPORATION

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By

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/s/ Terence J . Cassidy
Terence J. Cassidy
Lauren E. Calnero
Attorneys for Defendants
COUNTY OF STANISLAUS; SHERIFF ADAM
CHRISTIANSON; LIEUTENANT CLIFF HARPER

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Dated: March 20, 2015

RIVERA & ASSOCIATES

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By

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Dated: March 20, 2015

__/s/ Jill B. Nathan (authorized March 16, 2015)
Jesse M. Rivera
Jill B. Nathan
Attorney for Defendant
SERGEANT MANUEL MARTINEZ

GOYETTE & ASSOCIATES

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By
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__/s/ Sean O’Dowd (authorized March 16, 2015)
Sean O’Dowd
Attorney for Defendant
SERGEANT MANUEL MARTINEZ

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Dated: March 20, 2015

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ANGELO, KILDAY & KILDUFF, LLP
By

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__/s/ Amie C. McTavish (authorized March 16, 2015)
Bruce Kilday
Amie McTavish
Attorney for Defendants
DEPUTY MICHAEL GLINSKAS and ESTATE OF
DEPUTY ROBERT PARIS, JR

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STIPULATION TO DISMISS BANE ACT CLAIM [CALIFORNIA CIVIL CODE § 52.1] AGAINST ALL
DEFENDANTS; ORDER
{01378105.DOC}

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ORDER

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Having reviewed the above Stipulation, and good cause appearing,

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IT IS HEREBY ORDERED that:

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Any and all claims arising under the Bane Act, California Civil Code § 52.1, against Defendants

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COUNTY

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MARTINEZ, DEPUTY MICHAEL GLINSKAS and the ESTATE OF DEPUTY ROBERT LEE

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PARIS are dismissed with prejudice.

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OF

STANISLAUS,

LIEUTENANT

CLIFF

HARPER,

SERGEANT

MANUEL

Each party shall bear its/his own attorney fees and costs incurred in regard to the prosecution
and defense of those claims.
Each party shall bear its/his own attorney fees and costs incurred in regard to the prosecution
and defense of those claims.

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IT IS SO ORDERED.

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Dated:
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/s/ Lawrence J. O’Neill

March 23, 2015

UNITED STATES DISTRICT JUDGE

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STIPULATION TO DISMISS BANE ACT CLAIM [CALIFORNIA CIVIL CODE § 52.1] AGAINST ALL
DEFENDANTS; ORDER
{01378105.DOC}