Bishop Paiute Tribe v. Inyo County et al

Filing 93

STIPULATION and ORDER for Dismissal signed by Magistrate Judge Jennifer L. Thurston on 06/19/2019. CASE CLOSED.(Flores, E)

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1 2 3 4 5 6 7 8 9 10 11 A PROFESSIONAL CORPORATION Carl L. Fessenden, SBN 161494 John R. Whitefleet, SBN 213301 350 University Ave., Suite 200 Sacramento, California 95825 TEL: 916.929.1481 FAX: 916.927.3706 Attorneys for Defendants INYO COUNTY, JEFF HOLLOWELL, Inyo County Sheriff and THOMAS HARDY, Inyo County District Attorney Dorothy Alther, SBN 140906 California Indian Legal Services 609 S. Escondido Blvd. Escondido, CA 92025 TEL: (760) 746-8941 FAX: (760) 746-1815 fax Attorneys for Plaintiff BISHOP PAIUTE TRIBE PORTER | SCOTT 350 University Ave., Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706 12 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 13 14 15 BISHOP PAIUTE TRIBE, 16 17 Plaintiff, 20 (Doc. 92) INYO COUNTY; JEFF HOLLOWELL, Inyo County Sheriff; THOMAS HARDY, Inyo County District Attorney, Defendants. 21 22 ___________________________________/ Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), and the terms of the parties’ settlement 23 24 STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL v. 18 19 CASE NO. 1:15-cv-00367 DAD JLT agreement, 25 Plaintiff BISHOP PAIUTE TRIBE and INYO COUNTY, JEFF HOLLOWELL, Inyo 26 County Sheriff and THOMAS HARDY, Inyo County District Attorney, stipulate to the dismissal of 27 this entire action, with prejudice. Each party shall bear their own attorneys’ fees and costs. 28 /// {02030768.DOCX} 1 STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL 1 IT IS SO STIPULATED. 2 3 Dated: June 18, 2019 A PROFESSIONAL CORPORATION 4 By /s/Carl L. Fessenden Carl L. Fessenden John R. Whitefleet Attorneys for Defendants 5 6 7 8 PORTER SCOTT Dated: June 18, 2019 9 California Indian Legal Services By /s/Dorothy Alther (authorized 6/18/2019) Dorothy Alther Attorney for Plaintiff 10 11 PORTER | SCOTT 350 University Ave., Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706 12 13 [PROPOSED] ORDER As detailed above, the parties have stipulated to dismiss the action with each side to bear 14 their own fees and costs. (Doc. 92) The stipulation relies upon Fed.R.Civ.P. 41, which permits the 15 plaintiff to dismiss an action without a court order “by filing . . . a stipulation of dismissal signed 16 by all parties who have appeared.” Fed. R. Civ. P. 41(a)(1)(A)(ii). Because all parties who have 17 appeared in the action signed the stipulation, it “automatically terminate[d] the action.” Wilson v. 18 City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Accordingly, the Clerk of Court is 19 DIRECTED to close this action. 20 21 22 IT IS SO ORDERED. Dated: June 19, 2019 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 {02030768.DOCX} 2 STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL

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