Trevino v. City of Bakersfield et al

Filing 35

STIPULATION and ORDER 34 Dismissing Certain Claims, signed by Magistrate Judge Jennifer L. Thurston on 2/11/2016. First Cause of Action Dismissed with Prejudice as to Defendant City of Bakersfield; Second Cause of Action Dismissed with Prejud ice as to Defendant Ryan Miller; Third Cause of Action Dismissed with Prejudice as to Defendant Ryan Miller; Fourth Cause of Action Dismissed with Prejudice as to All Defendants; Sixth Cause of Action Dismissed with Prejudice as to All Defendants. (Hall, S)

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Michael G. Marderosian, No. 77296
Heather S. Cohen, No. 263093
MARDEROSIAN & COHEN
1260 Fulton Mall
Fresno, CA 93721
Telephone: [phone]
Facsimile: [phone]
Virginia Gennaro, No. 138877
City Attorney
CITY OF BAKERSFIELD
1501 Truxtun Avenue
Bakersfield, CA 93301
Telephone: [phone]
Facsimile: [phone]

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Attorneys for:

Defendants BAKERSFIELD POLICE DEPARTMENT, CITY OF
BAKERSFIELD and RYAN MILLER

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JESSE TREVINO,

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Plaintiff,

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vs.
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BAKERSFIELD POLICE DEPARTMENT,
CITY OF BAKERSFIELD, RYAN MILLER,
and DOES 1 to 100, inclusive,
Defendants.

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Case No. 1:14-CV-01873-JLT
STIPULATION TO DISMISS FIRST CAUSE
OF ACTION (MONELL CLAIM) AGAINST
THE CITY OF BAKERSIFELD; SECOND
CAUSE OF ACTION FOR VIOLATION OF
THE REHABILITATION ACT OF 1973
AGAINST RYAN MILLER; THIRD CAUSE
OF ACTION FOR VIOLATION OF TITLE II
OF THE AMERICANS WITH DISABILITIES
ACT OF 1990 AGAINST RYAN MILLER;
FOURTH CAUSE OF ACTION FOR
VIOLATION OF THE BANE CIVIL RIGHTS
ACT, CALIFORNIA CIVIL CODE SECTION
52.1; AND SIXTH CAUSE OF ACTION FOR
INTENTIONAL INFLICTION OF
EMOTIONAL DISTRESS UNDER
CALIFORNIA LAW AGAINST ALL
DEFENDANTS; [PROPOSED] ORDER
THEREON
(Doc. 34)

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Plaintiff JESSE TREVINO and Defendants CITY OF BAKERSFIELD and RYAN MILLER, by
and through their attorneys of record herein, hereby stipulate and agree that:
1.

The Plaintiff’s First Cause of Action for violation of Plaintiff’s rights secured by the

Fourth Amendment to the United States Constitution to be secure in his home and residence, and to be
free from the use of excessive force and unlawful search and/or seizure, pursuant to 42 U.S.C. Sections
1983, 1988 (Monell Claim) should be dismissed with prejudice as to Defendant City of Bakersfield;
2.

The Plaintiff’s Second Cause of Action for violation of the Rehabilitation Act of 1973,

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29 U.S.C. Section 701 et seq. should be dismissed with prejudice as to Defendant Ryan Miller;
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3.

The Plaintiff’s Third Cause of Action for violation of Title II of the Americans with

Disabilities Act of 1990, 42 U.S.C. Section 12131 et seq. should be dismissed with prejudice as to
Defendant Ryan Miller;
4.

The Plaintiff’s Fourth Cause of Action for violation of the Bane Civil Rights Act,

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California Civil Code Section 52.1 under California law should be dismissed with prejudice as to All

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Defendants; and

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5.

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The Plaintiff’s Sixth Cause of Action for intentional infliction of emotion distress under

California law should be dismissed with prejudice as to All Defendants.
IT IS SO STIPULATED.
Dated: February 11, 2016

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RODRIGUEZ & ASSOCIATES
/s/ John Kawai
By:__________________________________
John Kawai,
Attorneys for Plaintiff

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Dated: February 11, 2016

MARDEROSIAN & COHEN

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/s/ Michael G. Marderosian
By:_________________________________
Michael G. Marderosian,
Attorneys for Defendants
above-named.

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ORDER
Pursuant the stipulation of the parties hereto, the Court ORDERS:

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1.

The Plaintiff’s First Cause of Action DISMISSED with PREJUDICE as to Defendant

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City of Bakersfield;
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2.

The Plaintiff’s Second Cause of is DISMISSED with PREJUDICE as to Defendant

Ryan Miller;
3.

The Plaintiff’s Third Cause of Action DISMISSED with PREJUDICE as to Defendant

Ryan Miller;
The Plaintiff’s Fourth Cause of Action DISMISSED with PREJUDICE as to All

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4.

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Defendants; and

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5.

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The Plaintiff’s Sixth Cause of Action DISMISSED with PREJUDICE as to All

Defendants.

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IT IS SO ORDERED.
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Dated:

February 11, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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