Melendez v. County of Kern

Filing 15

STIPULATION for Dismissal of Defendants; Order Closing Case, signed by Magistrate Judge Jennifer L. Thurston on 03/10/17. Closed Case(Martin-Gill, S)

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Leonard C. Herr, Esq (SBN 081896)
HERR PEDERSEN & BERGLUND LLP
100 Willow Plaza, Suite 300
Visalia, California 93291
Telephone: [phone]
Facsimile: [phone]
Mark L. Nations, Interim County Counsel
Andrew C. Thomson, Deputy (SBN 149057)
OFFICE OF THE COUNTY COUNSEL
1115 Truxtun Avenue, Fourth Floor
Bakersfield, CA 93301
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants County of Kern, Deputy Bravo,
Detectives Brewer, Rutledge, Kimmel, and Sergeant Smallwood
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRANCISCO ARRIETA, et. a1.

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Plaintiffs,
v.
COUNTY OF KERN, DETECTIVE
BREWER, DETECTIVE KIMMEL,
SARGENT SMALLWOOD ,and
DOES 1 to 100, Inclusive,
Defendants.

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) CASE NO.: 1:15-cv-00706-LJO JLT
)
) LEAD CASE NO:1:14-cv-00400 LJO JLT
)
) Member Case Nos
) 1:14-cv-OO401 LJO JLT
) 1:14-cv-00402 LJO JLT
) 1:14-cv-00403 LJO JLT
) 1:14-cv-00404 LJO JLT
) 1:14-cv-00717 LJO JLT
)
) STIPULATION FOR DISMISSAL OF
) DEFENDANTS; [PROPOSED] ORDER
) CLOSING CASE
)
)

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COME NOW the Parties to this matter, and stipulate that the entire matter, including all

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cases against Defendants County of Kern, Bravo, Brewer, Rutledge, Kimmel, and Smallwood

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should be dismissed with prejudice.

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Plaintiffs Maria Melendez, Melissa Quair, Sulina Quair, Francisco Arrieta, Laura

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Vasquez, and T.A., a minor, by and through his guardian ad litem Maria Guerrero (hereinafter

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Stipulation For Dismissal of Defendants County, Bravo, Brewer, Rutledge, Kimmel and Smallwood

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collectively “Plaintiffs”), are represented by their counsel of record Daniel Rodriguez and

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Chantal Trujillo, of Rodriguez & Associates.

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Defendants County of Kern, Defendants Bravo, Brewer, Rutledge, Kimmel, and

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Smallwood (hereinafter collectively “Defendants”) are represented by their counsels of record

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Leonard C. Herr of Herr Pedersen & Berglund and Andrew C. Thomson of the Office of Kern

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County Counsel.

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Plaintiffs and Defendants (hereinafter collectively identified as the "Parties") stipulate
and provide as follows:

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

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designated counsel, that all of the above-captioned cases be dismissed with prejudice in their

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entireties as to each and every complaint, allegation and/or cause of action against Defendants;

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specifically Plaintiffs agree to the dismissal of the entire applicable multi-case action, including

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all complaints and/or causes of action filed by Plaintiffs, as against each and every Defendant

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named in any and all of the aforementioned applicable multi-case actions.

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IT IS FURTHER STIPULATED that the aforementioned dismissal is in consideration

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of a resolution of the matter by the Parties, and that each party hereby agrees to bear all of their

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own costs and attorney’s fees with respect to this litigation.
Dated: March 7, 2017
RODRIGUEZ & ASSOCIATES

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By /s/ Chantal A. Trujillo
Daniel Rodriguez and Chantal A. Trujillo
Attorneys for Plaintiffs

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_

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Dated: March 7, 2017
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HERR PEDERSEN & BERGLUND, and
OFFICE OF KERN COUNTY COUNSEL

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By /s/ Andrew C. Thomson
Leonard C. Herr and Andrew C. Thomson
Attorneys for Defendants

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Stipulation For Dismissal of Defendants County, Bravo, Brewer, Rutledge, Kimmel and Smallwood

ORDER

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The parties have filed a stipulation to dismiss this action. (Doc. 22) Federal Rules of Civil

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Procedure 41(a)(1) provides, “the plaintiff may dismiss an action without a court order by filing:

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. . . a stipulation of dismissal signed by all parties who have appeared.”. . .” Fed. R. Civ. P. 41(a).

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Once such a notice has been filed, an order of the Court is not required to make the dismissal
effective. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir.

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1997). Thus, the Clerk of Court is DIRECTED to close this action in light of the stipulation as
dictated by Rule 41(a).

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IT IS SO ORDERED.
Dated:

March 10, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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Stipulation For Dismissal of Defendants County, Bravo, Brewer, Rutledge, Kimmel and Smallwood