Toscano et al v. City Of Fresno et al

Filing 52

STIPULATION and ORDER for Dismissal of Chief Jerry Dyer and Officer and Kenneth Webb with Prejudice from this Action Entirely and Dismissal of the City of Fresno as to the Monell Claims only signed by Magistrate Judge Stanley A. Boone on 07/15/2015. (Flores, E)

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JOHN L. ROZIER – SBN 103059
NELSON & ROZIER
3924 West Caldwell Avenue, Suite A
Visalia, CA 93277
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs,
ANGEL KEITH TOSCANO, JR., individually
and as successor-in-interest to Angel
Keith Toscano, deceased;
STEVEN WADE TOSCANO, individually and as
successor-in-interest to Angel Keith
Toscano, deceased, by his mother and
Guardian Ad Litem, KIMBERLY HENSON;
KIMBERLY HENSON as successor-in-interest
to heir COLE TOSCANO, now deceased

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
ANGEL KEITH TOSCANO, JR.,
individually and as successorin-interest to Angel Keith
Toscano, deceased; STEVEN WADE
TOSCANO, individually and as
successor-in-interest to Angel
Keith Toscano, deceased, by his
mother and Guardian Ad Litem,
KIMBERLY HENSON; KIMBERLY
HENSON as successor-in-interest
to heir COLE TOSCANO, now
deceased; ANTHONY KEITH
TOSCANO, JULIAN MATTHEW
TOSCANO, ANGEL INFINITY
TOSCANO, and JIMMY LEE LONG,
minors, by and through their
Guardian Ad Litem, SYLVIA
MORENO

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Plaintiffs,
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vs.
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CITY OF FRESNO, a municipal
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corporation; JERRY DYER,
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individually and in his
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capacity as Chief of Police for )

CASE NO. 1:13-cv-01987-SAB

STIPULATION FOR DISMISSAL OF
CHIEF JERRY DYER AND OFFICER
KENNETH WEBB WITH PREJUDICE
FROM THIS ACTION ENTIRELY AND
DISMISSAL OF THE CITY OF FRESNO
AS TO THE Monell CLAIMS ONLY

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NELSON & ROZIER
3924 W CALDWELL
SUITE A
VISALIA CA

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the City of Fresno; OFFICER
JAMES LYON; OFFICER KENNETH
WEBB; and DOES 1 through 50,
inclusive,

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Defendants.

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Pursuant to the provisions of Fed.R.Civ.P. 41(a)(1), the

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parties, by and through their respective counsel, hereby stipulate

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that CHIEF JERRY DYER and OFFICER KENNETH WEBB be dismissed with

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prejudice from this action entirely and that the CITY OF FRESNO be

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dismissed as to the Monell claims ONLY, with the parties bearing
their own costs and attorney’s fees.

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IT IS SO STIPULATED.
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Dated: July 13, 2015

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NELSON & ROZIER
By /S/JOHN L. ROZIER
John L. Rozier, Attorneys for
Plaintiffs, ANGEL KEITH TOSCANO,
JR., individually and as
successor-in-interest to Angel
Keith Toscano, deceased; STEVEN
WADE TOSCANO, individually and
as successor-in-interest to
Angel Keith Toscano, deceased,
by his mother and Guardian Ad
Litem, KIMBERLY HENSON; KIMBERLY
HENSON as successor-in-interest
to heir COLE TOSCANO, now
deceased

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///

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NELSON & ROZIER
3924 W CALDWELL
SUITE A
VISALIA CA

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Dated: July 14, 2015

GOLDBERG & IBARRA

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By /S/RUSSELL C. SAHLIN
Russell C. Sahlin, Attorneys for
Plaintiffs, ANTHONY KEITH
TOSCANO, JULIAN MATTHEW TOSCANO,
ANGEL INFINITY TOSCANO, and
JIMMY LEE LONG, minors, by and
through their Guardian Ad Litem,
SYLVIA MORENO

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ORDER OF DISMISSAL

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CHIEF JERRY DYER and OFFICER KENNETH WEBB are dismissed with
prejudice from this action entirely and the CITY OF FRESNO is

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dismissed as to the Monell claims ONLY, with the parties bearing
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their own costs and attorney’s fees.

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IT IS SO ORDERED.

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Dated:

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July 15, 2015
UNITED STATES MAGISTRATE JUDGE

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NELSON & ROZIER
3924 W CALDWELL
SUITE A
VISALIA CA