Neal, et al v. California City, et al

Filing 37

STIPULATION AND ORDER to Dismiss California City Police Department<?b> and any claims of Intentional Infliction of Emotional Distress by Plaintiffs, signed by District Judge Anthony W. Ishii on 01/28/15. California City Police Department terminated. (Martin-Gill, S)

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LAW OFFICES OF FERGUSON, PRAET & SHERMAN, APC
BRUCE D. PRAET SBN 119430
[e-mail]
ALLEN CHRISTIANSEN SBN 263651
[e-mail]
1631 E. 18th Street
Santa Ana, California 92705
[phone]  Fax [phone]

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Attorneys for Defendants
CITY OF CALIFORNIA CITY, CALIFORNIA CITY
POLICE DEPARTMENT, CHRISTOPHER MORGAN,
DETECTIVE BISHOP, SERGEANT HAYES, and
JESSE HIGHTOWER

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES WILLIAM NEAL III and
CORDELIA NEAL,

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Plaintiffs,
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vs.
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CALIFORNIA CITY, a public entity, )
CALIFORNIA CITY POLICE
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DEPARTMENT, an agency of the
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California City; CHRISTOPHER
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MORGAN, a public employee;
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DETECTIVE BISHOP, a public
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employee; SERGEANT HAYES, a
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public employee; JESSE
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HIGHTOWER, a public employee;
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Does 1-10,
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Defendants.
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______________________________ )

No. 1:14-CV-00269-AWI-JLT
STIPULATION AND ORDER TO
DISMISS OF CALIFORNIA CITY
POLICE DEPARTMENT AND
ANY CLAIMS OF INTENTIONAL
INFLICTION OF EMOTIONAL
DISTRESS BY PLAINTIFFS
Pretrial Conf.
Jury Trial

TO THE COURT AND ALL INTERESTED PARTIES:
On October 14, 2014, via email, and again on January 22, 2015, in person,
counsel for Plaintiffs, Greg Garrotto, and counsel for the named Defendants, Allen

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: 7/29/2015
: 9/29/2015

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Christiansen, met and conferred regarding a stipulation and order to dismiss certain

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parties and issues from this litigation.

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On October 14, 2014, Plaintiffs= counsel, Greg Garrotto, agreed to dismiss the

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California City Police Department from this matter, having already named the City

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of California City.

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Additional discussions were conducted regarding that fact that the caption

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page of Plaintiffs= complaint identifies a fourth cause of action for Intentional

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Infliction of Emotional Distress (AIIED@) that is not alleged in the complaint itself.

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As such, on January 22, 2015, Plaintiffs= counsel, Greg Garrotto, also agreed to

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dismiss any claim for IIED.
Defendants agree that these matters should be dismissed to narrow the issues
as this case progresses.
As such, GOOD CAUSE EXISTS for dismissal of the California City Police

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Department as a Defendant in this matter and for dismissal of any claim for

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Intentional Infliction of Emotional Distress.

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Dated: January 22, 2015

FERGUSON, PRAET &
SHERMAN

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/s/ Allen Christiansen
Allen Christiansen

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Attorneys for Defendants City of California

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City, California City Police Department,

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Christopher Morgan, Detective Bishop,

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Sergeant Hayes and Jesse Hightower

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By:

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Dated: January 27, 2015

GARROTTO & GARROTTO

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By:

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/s/ Greg Garrotto
Greg Garrotto
Attorneys for Plaintiffs

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ORDER

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After consideration of the parties= joint stipulation to dismiss the California

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City Police Department as a Defendant and to dismiss any claim of Intentional

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Infliction of Emotional Distress by Plaintiffs and with GOOD CAUSE SHOWING,

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the court GRANTS the stipulation of the parties.

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IT IS HEREBY ORDERED:

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1.

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That California City Police Department is dismissed from this action
with prejudice;

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2.

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That any claim for Intentional Infliction of Emotional Distress by
Plaintiffs is dismissed from this action with prejudice.

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IT IS SO ORDERED.

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Dated:

January 28, 2015
SENIOR DISTRICT JUDGE

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