Mercardo et al v. The United States of America et al

Filing 71

STIPULATION and ORDER for Dismissal of First Cause of Action Against the United States and Plaintiffs Samuel Mercado and Musa Gowon signed by District Judge Anthony W. Ishii on 01/11/2017. Musa Gowon and Samuel Mercardo terminated.(Flores, E)

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Edward M. Higginbotham (SBN 231636)
Paul L. Alaga (SBN221165)
Ian B. Kelley (SBN215393)
885 Bryant Street, 2nd Floor
San Francisco, CA 94103
Telephone: [phone]
Fax: [phone]

6 Attorneys for Plaintiffs
7 Susan E. Coleman (SBN 171832)
Kristina Gruenberg
8 BURKE, WILLIAMS & SORENSEN, LLP
444 South Flower Street, Suite 2400
9 Los Angeles, CA 90071-2953
Telephone: [phone]
10 Fax: [phone]
[e-mail]
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Attorney for Defendant
12 Manangement & Training Corporation and
Michael Benov
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PHILLIP A. TALBERT
14 United States Attorney
ALYSON A. BERG
15 Assistant United States Attorney
2500 Tulare Street, Suite 4401
16 Fresno, California 93721
17 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Defendant
19 United States of America
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UNITED STATES DISTRICT COURT

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SAMUEL MERCARDO, ET AL,
Plaintiffs,

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v.
UNITED STATES OF AMERICA, ET AL.,

Case No. 1:13-cv-01535 AWI-JLT
STIPULATION FOR DISMISSAL
OF FIRST CAUSE OF ACTION
AGAINST THE UNITED STATES
AND PLAINTIFFS SAMUEL
MERCARDO AND MUSA GOWON;
ORDER

Defendants.

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STIPULATION FOR DISMISSAL OF FIRST CAUSE OF ACTION AGAINST THE UNITED STATES
AND PLAINTIFFS SAMUEL MERCARDO AND MUSA GOWON; ORDER

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On January 10, 2017, the parties filed the following stipulation:

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Pursuant to the Federal Rules of Civil Procedure 41(a)(1), the parties hereby stipulate that the

4 first cause of action against the United States and the claims by Plaintiffs Samuel Mercardo and
5 Musa Gowon against all Defendants be dismissed with prejudice. All parties to bear their/its own
6 attorneys fees and costs.
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IT IS SO STIPULATED

8 DATED: January 10, 2017

Respectfully submitted,

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(As authorized 1/10/2017)

/s/ Edward M. Higginbotham
EDWARD M. HIGGINBOTHAM
IAN B. KELLEY
PAUL L. ALAGA
Attorneys for Plaintiffs SAMUEL MERCADO,
DONALD GAYLE, JESUS RAMOS, JESUS
ANDRADE, GILBERTO GONZALEZ
BETANCOURT, WANA WIN, MUSA GOWON,
JOSE PORTILLO MAYORGA, VICTOR
MARTINEZ, JORGE RIVERA-VALLEJO, EDGAR
PRADO CASTANEDA, GONZALO CISNEROS
REYES, LUCIO PALMOARES, and HECTOR
BAZAN

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DATED: January 10, 2017

BURKE, WILLIAMS & SORENSEN, LLP

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(As authorized 1/10/2017)

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/s/ Kristina Gruenberg
KRISTINA GRUENBERG
SUSAN E. COLEMAN
Attorney for Defendant
Manangement & Training Corporation and
Michael Benov

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23 DATED: January 10, 2017
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PHILLIP A. TALBERT
United States Attorney
/s/ Alyson A. Berg
ALYSON A. BERG
Assistant United States Attorney
Attorneys for Defendant,
United States of America

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STIPULATION FOR DISMISSAL OF FIRST CAUSE OF ACTION AGAINST THE UNITED STATES
AND PLAINTIFFS SAMUEL MERCARDO AND MUSA GOWON; ORDER

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The Court understands the stipulation as attempting to dismiss two plaintiffs entirely and the

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2 first cause of action against the United States. The result of the stipulation would be that: (1) the
3 first cause of would remain, but not against the United States; and (2) all claims by Plaintiffs
4 Mercardo and Gowon would be dismissed. Because all parties have signed the stipulation and the
5 stipulation eliminates all claims by two plaintiffs, the stipulation is automatically effective as to the
6 claims by Mercardo and Gowon. See Fed. R. Civ. P. 41(a)(1)(A)(ii). However, all claims against
7 the United States are not disposed of, so Rule 41(a)(1) does not automatically dismiss the first cause
8 of action against the United States. Nevertheless, because all parties have signed the stipulation and
9 are in agreement, in the interests of time and saving resources, the Court will give effect to the
10 parties’ stipulation and dismiss the first cause of action against the United States with prejudice.
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ORDER

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Accordingly, IT IS HEREBY ORDERED that:

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Pursuant to Rule 41(a)(1)(A)(ii), all claims against all Defendants by Plaintiffs Samuel

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Mercardo and Musa Gowon are dismissed with prejudice;

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The Clerk shall note on the docket that Plaintiff’s Samuel Mercardo and Musa Gowon were

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terminated on January 10, 2017;

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Per the stipulation of the parties, the first cause of action in the First Amended Complaint

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against the United States is DISMISSED; and

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This case remains open.

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23 Dated: January 11, 2017
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SENIOR DISTRICT JUDGE

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STIPULATION FOR DISMISSAL OF FIRST CAUSE OF ACTION AGAINST THE UNITED STATES
AND PLAINTIFFS SAMUEL MERCARDO AND MUSA GOWON; ORDER

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