Horisons Unlimited v. Santa Cruz-Monterey-Merced Managed Medical Care Commission, et al

Filing 15

Stipulation for Dismissal without Prejudice of The Board of Supervisors of the County of Merced and the Individual Members Thereof; ORDER signed by District Judge Lawrence J. O'Neill on 3/4/14. (Verduzco, M)

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Daniel O. Jamison, Esq. #76880
Christopher E. Seymour, Esq. # 126330
DOWLING AARON INCORPORATED
8080 N. Palm Avenue
Third Floor
Fresno, CA 93711
559-432-4500 Tel.
559-432-4590 Fax
[e-mail]; [e-mail]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Horisons Unlimited, a California nonprofit
corporation, and Horisons Unlimited Health
Care, a California corporation,

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Plaintiffs,

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vs.

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Santa Cruz-Monterey-Merced Managed
Medical Care Commission dba Central
California Alliance for Health; County of
Merced; The Board of Supervisors of the
County of Merced and the
Individual Members Thereof,

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Case No. 1:14-cv-00123 LJO/MJS
STIPULATION FOR DISMISSAL
WITHOUT PREJUDICE OF THE BOARD
OF SUPERVISORS OF THE COUNTY OF
MERCED AND THE INDIVIDUAL
MEMBERS THEREOF AND ORDER
THEREON

Defendants.

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STIPULATION FOR DISMISSAL

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It is hereby stipulated and agreed between the parties hereto, by and through the

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undersigned, that the Court may enter its order that (1) injunctive relief, if any, ordered against

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the County of Merced shall be binding upon the Board of Supervisors of the County of Merced

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and the Individual Members thereof in their Official Capacity, (2) the Board of Supervisors of

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the County of Merced and the Individual Members thereof be dismissed without prejudice, (3)

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the County of Merced shall remain a defendant, (4) each of Plaintiffs, on the one hand, and the

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Board of Supervisors of the County of Merced and the Individual Members thereof, on the other

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hand, shall bear its/his/her own Court costs, other expenses and attorney fees as between them in

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connection with this dismissal without prejudice; (5) County of Merced does not waive its right,

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if any, to proceed for attorneys fees and other sanctions under Federal Rules of Civil Procedure,

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rule 11, 42 U.S.C. §1988, or otherwise. Should the Board of Supervisors or members of the

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Board of Supervisors be added to the case, then they also will not waive their rights, if any, to

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proceed for attorneys fees and other sanctions under Federal Rules of Civil Procedure, rule 11,

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42 U.S.C. §1988, or otherwise; and (6) all of each Plaintiff’s rights, if any, as to the County of

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Merced are preserved and nothing herein shall be deemed to affect those rights.

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DOWLING AARON INCORPORATED

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Dated: _______ 2014

By: /s/Daniel O. Jamison_______________
Daniel O. Jamison
Attorneys for Plaintiffs

Dated: _______2014

By: /s/Roger S. Matzkind______________
Roger S. Matzkind, Esq.,
Merced County Counsel
Attorneys for County of Merced,
“Board of Supervisors of the County
of Merced, and the Individual Members
thereof in their official capacity only”.

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STIPULATION FOR DISMISSAL

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ORDER
Based on the above stipulation, IT IS SO ORDERED.

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IT IS SO ORDERED.
Dated:

March 4, 2014

/s/ Lawrence J. O’Neill
UNITED STATES DISTRICT JUDGE

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STIPULATION FOR DISMISSAL