Engert v. Stanislaus County et al

Filing 99

Stipulation to Dismiss All Federal Claims Against the County of Stanislaus and All Claims Against Sheriff Adam Christianson; ORDER, signed by District Judge Lawrence J. O'Neill on 2/24/2015. (Marrujo, C)

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1 2 3 4 5 Richard H. Schoenberger SBN 122190 Spencer J. Pahlke, SBN 250914 WALKUP, MELODIA, KELLY & SCHOENBERGER 650 California Street, 26th Floor San Francisco, CA 94108 Tel: (415) 981-7210 Fax: (415) 391-6965 Attorneys for Plaintiffs 6 7 8 9 10 11 A PROFESSIONAL CORPORATION Terence J. Cassidy, SBN 099180 Lauren E. Calnero, SBN 284655 350 University Avenue, Suite 200 Sacramento, California 95825 Tel: 916.929.1481 Fax: 916.927.3706 Attorneys for Defendants COUNTY OF STANISLAUS, SHERIFF ADAM CHRISTIANSON and LIEUTENANT CLIFF HARPER 12 13 UNITED STATES DISTRICT COURT 14 EASTERN DISTRICT OF CALIFORNIA 15 16 IRINA ENGERT, ANNE ENGERT, and RON ENGERT, Individually and as Successors-inInterest to Glendon Engert, Case No.: 1:13-CV-00126-LJO-BAM STIPULATION TO DISMISS ALL FEDERAL CLAIMS AGAINST THE COUNTY OF STANISLAUS AND ALL CLAIMS AGAINST SHERIFF ADAM CHRISTIANSON; ORDER 17 Plaintiffs, 18 19 20 21 22 23 24 25 26 27 vs. 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. / 28 1 STIPULATION TO DISMISS ALL FEDERAL CLAIMS AGAINST THE COUNTY OF STANISLAUS AND ALL CLAIMS AGAINST SHERIFF ADAM CHRISTIANSON; ORDER {01366816.DOC} 1 TO THE COURT, TO ALL PARTIES, AND TO THEIR COUNSEL OF RECORD: 2 Pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), Plaintiffs IRINA, RON and ANNE 3 ENGERT (“Plaintiffs”) and Defendants COUNTY OF STANISLAUS and SHERIFF ADAM 4 CHRISTIANSON, by and through their undersigned counsel, hereby stipulate as follows: 5 6 7 8 9 10 11 (1) All claims arising under 42 U.S.C. § 1983 against Defendant COUNTY OF STANISLAUS be dismissed with prejudice. (2) All claims arising under 42 U.S.C. § 1983 and state law against Defendant SHERIFF ADAM CHRISTIANSON be dismissed with prejudice. 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, 12 13 Dated: February 19, 2015 WALKUP, MELODIA, KELLY & SCHOENBERGER By 14 15 16 17 Dated: February 19, 2015 ____________________________________ Richard H. Schoenberger Spencer J. Pahlke Attorneys for Plaintiffs IRINA ENGERT, ANNE ENGERT, and RON ENGERT 18 PORTER SCOTT A PROFESSIONAL CORPORATION 19 By 20 21 22 ____________________________________ Terence J. Cassidy Lauren E. Calnero Attorneys for Defendants COUNTY OF STANISLAUS; SHERIFF ADAM CHRISTIANSON; LIEUTENANT CLIFF HARPER 23 24 25 26 27 28 2 STIPULATION TO DISMISS ALL FEDERAL CLAIMS AGAINST THE COUNTY OF STANISLAUS AND ALL CLAIMS AGAINST SHERIFF ADAM CHRISTIANSON; ORDER {01366816.DOC} 1 ORDER 2 Having reviewed the above Stipulation, and good cause appearing, 3 IT IS HEREBY ORDERED that: 4 (1) All claims arising under 42 U.S.C. § 1983 against Defendant COUNTY OF STANISLAUS 5 6 7 8 9 10 are dismissed with prejudice. (2) All claims arising under 42 U.S.C. § 1983 and state law against Defendant SHERIFF ADAM CHRISTIANSON are dismissed with prejudice. Each party shall bear its/his own attorney fees and costs incurred in regard to the prosecution and defense of those claims. This case shall remain OPEN. 11 12 13 SO ORDERED Dated: February 24, 2015 /s/ Lawrence J. O’Neill United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION TO DISMISS ALL FEDERAL CLAIMS AGAINST THE COUNTY OF STANISLAUS AND ALL CLAIMS AGAINST SHERIFF ADAM CHRISTIANSON; ORDER {01366816.DOC}

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