Arcure, et al. v. Meeker, et al.

Filing 194

STIPULATION and ORDER for Dismissal of certain parties signed by Magistrate Judge Michael J. Seng on 7/10/2015. (Lundstrom, T)

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1 2 3 4 5 LAWRENCE J. KING (BAR NO. 120805) Law Offices of Lawrence J. King 11 Western Avenue Petaluma, CA 94952 Telephone: (707) 769-9791 Facsimile: (707) 769-9253 Attorney for Plaintiffs 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 FRESNO DIVISION 9 10 11 YVONNE ARCURE, KEVIN COOK, JOSEPH FESSENDEN, LISA HUFF & KATHREN WOODSIDE, 12 15 16 17 STIPULATED REQUEST FOR DISMISSAL AND PROPOSED ORDER Plaintiffs, 13 14 Case No. 1:13-cv-00541-MJS v. CALIFORNIA DEPARTMENT OF DEVELOPMENTAL SERVICES, DEBORAH MEEKER, JEFFREY BRADLEY, SCOTT GARDNER, DOUGLAS LOEHNER, DAVID CORRAL, MICHAEL FLORES, and MARK RODRIGUEZ, Judge: Ctrm: Hon. Michael J. Seng 6 Case Filed: April 14, 2013 Trial Date: November 17, 2015 Defendants. 18 19 NOW COME THE PARTIES HERETO to notify the Court that Yvonne Arcure and 20 Joseph Fessenden have reached a settlement with all defendants in this case of the claims they 21 have asserted herein and by which they have released any and all claims they may have had 22 against the State of California, its employees, and its agents up to an through the date that 23 settlement was reached, i.e. April 8, 2015. Pursuant to the settlement agreement, each party is to 24 bear their own costs and attorney’s fees. 25 \\ 26 \\ 27 \\ 28 1 THE PARTIES STIPULATED REQUEST FOR DISMISSAL AND PROPOSED ORDER 1 Accordingly, THE PARTIES HERETO hereby request that the Court dismiss with 2 prejudice YVONNE ARCURE AND JOSEPH FESSENDEN’S claims in this case. Further, 3 the parties request that Defendants Douglas Loehner and Michael Flores be dismissed with 4 prejudice. This dismissal has no effect or legal impact on the claims of the remaining plaintiff, 5 Kevin Cook. 6 7 Dated: July 10, 2015 8 Respectfully submitted, LAW OFFICES OF LAWRENCE J. KING 9 10 By: /s/_______________________________________ Lawrence J. King Attorney For Plaintiffs 11 12 13 14 15 Dated: July 10, 2015 16 OFFICE OF THE ATTORNEY GENERAL By: /s/____________________________ Matthew Besmer Deputy Attorney General Attorneys for Defendants (Except Jeffrey Bradley) 17 18 19 20 21 ORDER 22 Having reviewed the parties stipulated request for dismissal of Yvonne 23 in 25 and finding good cause therefore, the Court hereby dismisses with prejudice the 26 claims that Plaintiffs Yvonne Arcure & Joseph Fessenden asserted in this case. 28 Joseph claims Arcure 27 and Fessenden’s 24 Case No. 1:13-cv-00541-MJS Further, Defendants Douglas Loehner and Michael Flores are dismissed with 2 THE PARTIES STIPULATED REQUEST FOR DISMISSAL AND PROPOSED ORDER 1 2 prejudice. This dismissal has no effect or legal impact on the claims of the remaining plaintiff, Kevin Cook. 3 4 IT IS SO ORDERED. 5 6 Dated: July 10, 2015 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 THE PARTIES STIPULATED REQUEST FOR DISMISSAL AND PROPOSED ORDER

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