Mission Linen Supply v. City of Visalia
Filing
28
ORDER Dismissing with Prejudice Certain Affirmative Defenses, signed by District Judge Anthony W. Ishii on 7/15/16. (Verduzco, M)
1
2
3
4
5
6
7
8
9
10
11
LORI J. GUALCO, SBN 095232
GUALCO LAW
400 Capitol Mall, Eleventh Floor
Sacramento, CA 95815
TEL: 916-930-0700
FAX: 916-930-0705
ljgualco@gualcolaw.com
GREBEN & ASSOCIATES
125 EAST DE LA GUERRA, SUITE 203
SANTA BARBARA, CA 93101
TEL: 805-963-9090
FAX: 805-963-9098
Jan A. Greben, SBN 103464
jan@grebenlaw.com
Christine M. Monroe, SBN 304573
christine@grebenlaw.com
Attorneys for Plaintiff MISSION LINEN SUPPLY
12
UNITED STATES DISTRICT COURT
13
EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION
14
15
16
MISSION LINEN SUPPLY, a California
Corporation,
17
18
Case No.: 1:15-cv-00672-AWI-EPG
STIPULATION AND [PROPOSED]
ORDER DISMISSING WITH
PREJUDICE CERTAIN
AFFIRMATIVE DEFENSES
Plaintiff,
v.
19
20
21
CITY OF VISALIA, and Does 1-20, inclusive,
Honorable Judge Anthony W. Ishii
Defendants.
22
23
24
Plaintiff Mission Linen Supply (“Mission Linen”) and the City of Visalia (the “City”)
25
(collectively the “Parties”) hereby agree, stipulate and request that the Court enter an Order
26
dismissing, with prejudice, the first, second, third, eighth, twenty-third, twenty-fourth, twenty-ninth,
27
thirty-first, thirty-second, thirty-third, thirty-seventh, thirty-eighth and fortieth affirmative defenses
28
-1STIPULATION AND ORDER DISMISSING
CERTAIN AFFIRMATIVE DEFENSES
1:15-CV-00672-AWI-EPG
1
raised by the City in its Answer [Document No. 8], only. All remaining affirmative defenses raised
2
in the City’s Answer remain operative.
3
The dismissal of said affirmative defenses is not intended to operate as an adjudication on the
4
merits, and no admission shall be construed as a result of the dismissal. Additionally, the dismissal
5
of the first affirmative defense (failure to state a claim) is intended to waive the City’s right to
6
challenge the pleadings, and is not intended to operate a waiver of relief under any substantive relief
7
afforded under Federal Rules of Civil Procedure, Rules 50, 52 or 56, or any other similar motions or
8
relief.
9
Good cause exists to dismiss said affirmative defenses because this stipulation was reached
10
voluntarily and in good faith and following the Parties’ meet and confer effort, made pursuant to the
11
Court’s Scheduling Order [Document 11] and Local Rule 260 regarding Mission Linen’s intent to
12
file a motion for partial summary judgment as to certain affirmative defenses raised by the City.
13
14
Date: July 13, 2016
GUALCO LAW
(Authorized on 7/13/16)
/s/ Lori J. Gualco
15
16
Lori J. Gualco
Attorney for Plaintiff Mission Linen Supply
17
18
Date: July 13, 2016
GREBEN & ASSOCIATES
19
20
/s/ Jan A. Greben
21
Jan A. Greben
Christine M. Monroe
Attorneys for Plaintiff Mission Linen Supply
22
23
24
Date: July 13, 2016
HERR, PEDERSEN & BERGLUND LLP
(Authorized on 7/13/16)
/s/ Ron Statler
25
26
Leonard C. Herr
Ron Statler
Attorneys for Defendant City of Visalia
27
28
-2STIPULATION AND ORDER DISMISSING
CERTAIN AFFIRMATIVE DEFENSES
1:15-CV-00672-AWI-EPG
1
2
3
[PROPOSED] ORDER
The Parties have stipulated and agreed, and good cause appearing thereon, it is hereby
ORDERED:
4
1. The City’s first, second, third, eighth, twenty-third, twenty-fourth, twenty-ninth,
5
thirty-first, thirty-second, thirty-third, thirty-seventh, thirty-eighth and fortieth
6
affirmative defenses, as set forth in its Answer filed in the above captioned case as
7
Document No. 8, are hereby dismissed with prejudice.
8
9
2. The stipulation and Order shall not operate as an adjudication on the merits or
admission by either party.
10
3. The dismissal of the first affirmative defense (failure to state a claim) shall not
11
operate as a waiver of the City’s right to substantive relief under the Federal Rules of
12
Civil Procedure.
13
4. All remaining affirmative defenses raised in the City’s Answer remain operative.
14
15
IT IS SO ORDERED.
16
Dated: July 15, 2016
SENIOR DISTRICT JUDGE
17
18
19
20
21
22
23
24
25
26
27
28
-3STIPULATION AND ORDER DISMISSING
CERTAIN AFFIRMATIVE DEFENSES
1:15-CV-00672-AWI-EPG
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?