Holcomb v. Ramar et al

Filing 59

ORDER DISMISSING Defendants Officer Ciccarelli, the City of Modesto and Plaintiff's Second Claim for Relief signed by District Judge Anthony W. Ishii on 10/7/2015. (Jessen, A)

1 Adam U. Lindgren, City Attorney (SBN: 177476)
CITY OF MODESTO
2 1010 10th Street, Suite 6300
PO BOX 642
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Modesto, CA 95353
4 Telephone: [phone]
Facsimile: [phone]
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Blake P. Loebs (SBN: 145790)
6 [e-mail]
Kevin P. McLaughlin (SBN: 251477)
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[e-mail]
8 MEYERS, NAVE, RIBACK, SILVER & WILSON
555 12th Street, Suite 1500
9 Oakland, CA 94607
Telephone: [phone]
10 Facsimile: [phone]
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Attorneys for Defendants
12 CITY OF MODESTO, JERRY RAMAR, BEN KROUTIL, JOSEPH BOTTOMS,
TOM CICCARELLI and JEANNE CHANDLER
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

16 HARVEY HOLCOMB,

Case No: 13-cv-01102-AWI-SKO

Plaintiff,

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STIPULATION AND ORDER FOR
DISMISSAL OF DEFENDANTS OFFICER
CICCARELLI AND CITY OF MODESTO

18 v.
19 JERRY RAMAR, a Modesto police officer;
OFFICER KROUTIL, a Modesto police officer;
OFFICER COX, a Modesto police officer;
20 OFFICER BOTTOMS, a Modesto police
officer; OFFICER CICCARELLI, a Modesto
21 police officer; J. CHANDLER, a Modesto
police officer; JOHN DOE and RICHARD
22 ROE, Modesto police officers, the true names
and exact numbers of whom are unknown at this
23 time; CITY OF MODESTO, a municipal
corporation,
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Defendants.
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2524261.1

STIPULATION AND ORDER DISMISSING DEFENDANTS OFFICER CICCARELLI AND CITY OF MODESTO
[13-cv-01102-AWI-SKO]

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IT IS HEREBY STIPULATED by and between the parties to this action through their

2 designated counsel that Defendants Officer Ciccarelli, the City of Modesto and Plaintiff’s Second
3 Claim for relief (section 1983 claims against the City of Modesto [Monell claim]), shall be
4 dismissed with prejudice pursuant to Federal Rules of Civil Procedure, Rule 41(a)(1). Each side
5 shall bear their own attorneys’ fees and costs related to these dismissed defendants and this
6 dismissed claim.
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DATED: October 6, 2015

MEYERS, NAVE, RIBACK, SILVER & WILSON

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By:

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/s/ Blake P. Loebs
Blake P. Loebs
Attorney for Defendants
CITY OF MODESTO, JERRY RAMAR, BEN
KROUTIL, JOSEPH BOTTOMS, TOM
CICCARELLI and JEANNE CHANDLER

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14 DATED: October 6, 2015

LAW OFFICES OF ANTHONY BOSKOVICH

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By:

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/s/ Anthony Boskovich
Anthony Boskovich
Attorney for Plaintiff
HARVEY HOLCOMB

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The filer, Blake P. Loebs, attests that all other signatories listed on whose behalf this filing

21 is submitted concur in the filing’s content and have authorized the filing.
22 DATED: October 6, 2015

By:

/s/ Blake P. Loebs
Blake P. Loebs

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2524261.1

1
STIPULATION AND ORDER DISMISSING DEFENDANTS OFFICER CICCARELLI AND CITY OF MODESTO
[13-cv-01102-AWI-SKO]

1

ORDER

2

Pursuant to the stipulation of the parties, Defendants Officer Ciccarelli, the City of

3 Modesto and Plaintiff’s Second Claim for relief (section 1983 claims against the City of Modesto
4 [Monell claim]) shall be dismissed with prejudice. Each side shall bear their own attorneys’ fees
5 and costs related to these dismissed defendants and this dismissed claim.
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IT IS SO ORDERED.
Dated: October 7, 2015
SENIOR DISTRICT JUDGE

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2524261.1

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STIPULATION AND ORDER DISMISSING DEFENDANTS OFFICER CICCARELLI AND CITY OF MODESTO
[13-cv-01102-AWI-SKO]