Williams v. City of Bakersfield et al

Filing 61

ORDER GRANTING STIPULATION OF DISMISSAL and WAIVER OF COSTS, signed by Magistrate Judge Jennifer L. Thurston on 3/31/2017. CASE CLOSED. (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]

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Virginia Gennaro, No. 138877
City Attorney
CITY OF BAKERSFIELD
1501 Truxtun Avenue
Bakersfield, CA 93301
Telephone: [phone]
Facsimile: [phone]
Attorneys for:

Defendants CITY OF BAKERSFIELD, OFFICER VERION COLEMAN (sued
herein as OFFICER COLEMAN and OFFICER ANTHONY McCARTHY (sued
herein as OFFICER McCARTHY)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KENT WILLIAMS,

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Plaintiff,

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vs.
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CITY OF BAKERSFIELD, OFFICER
COLEMAN, OFFICER McCARTHY, and
DOES 1 to 100, inclusive,

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Defendants.

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) Case No. 1:14-CV-01955-JLT
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) JOINT STIPULATION OF DISMISSAL
) AND WAIVER OF COSTS
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IT IS HEREBY STIPULATED by and between the parties hereto through their respective attorneys
of record that:
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Defendants CITY OF BAKRESFIELD, OFFICER VERION COLEMAN and OFFICER

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ANTHONY McCARTHY hereby waive recovery of the $9,212.91 in costs awarded to them pursuant to the

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Cost Bill which was taxed and filed on March 23, 2017, in this matter. [Dkt. No. 57.]

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2.

In exchange for the wavier of costs set forth above, Plaintiff hereby agrees that he will not

appeal or otherwise challenge the Order Granting Defendants’ Motion for Summary Judgment [Dkt. No. 54]
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or any subsequent Judgment therefrom.
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3.

Pursuant to F.R.C.P. 41(a) and subject to the approval and Order of the Court as provided

below, the undersigned parties hereby stipulate to the dismissal of this action with prejudice, with each party

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to bear its own attorneys’ fees and costs, and request that the Court enter an Order dismissing this action

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with prejudice.

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Dated: March 31, 2017

MARDEROSIAN & COHEN

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/s/ Michael G. Marderosian

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

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Dated: March 31, 2017

RODRIGUEZ & ASSOCIATES

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/s/ Joel Andreesen
By:_________________________________
Joel Andreesen,
Attorneys for Plaintiff

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ORDER

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The foregoing Stipulation of the parties is accepted and approved, and this action is hereby
dismissed with prejudice, with each party to bear its own attorneys’ fees and costs.

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IT IS SO ORDERED.
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Dated:

March 31, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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