Mission Linen Supply v. City of Visalia

Filing 31

STIPULATION and ORDER ORDER DISMISSING WITHOUT LEAVE TO AMEND CERTAIN AFFIRMATIVE DEFENSES, signed by District Judge Anthony W. Ishii on 7/20/2016. (Kusamura, W)

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Lori J. Gualco, SBN 095232

GUALCO LAW

400 Capitol Mall, Eleventh Floor
Sacramento, CA 95815
TEL: [phone]
FAX: [phone]

[e-mail]

GREBEN & ASSOCIATES
125 EAST DE LA GUERRA, SUITE 203
SANTA BARBARA, CA 93101
TEL: [phone]
FAX: [phone]

Jan A. Greben, SBN 103464
[e-mail]
Christine M. Monroe, SBN 304573
[e-mail]
Attorneys for Plaintiff MISSION LINEN SUPPLY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION

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MISSION LINEN SUPPLY, a California
Corporation,

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Case No.: 1:15-cv-00672-AWI-EPG
STIPULATION AND [PROPOSED]
ORDER DISMISSING WITHOUT
LEAVE TO AMEND CERTAIN
AFFIRMATIVE DEFENSES

Plaintiff,
v.

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CITY OF VISALIA, and Does 1-20, inclusive,
Honorable Judge Anthony W. Ishii
Defendants.

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Plaintiff Mission Linen Supply (“Mission Linen”) and the City of Visalia (the “City”)

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(collectively the “Parties”) hereby agree, stipulate and request that the Court enter an Order

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dismissing, without leave to amend, the first, second, third, eighth, twenty-third, twenty-fourth,

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twenty-ninth, thirty-first, thirty-second, thirty-third, thirty-seventh, thirty-eighth and fortieth

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-1STIPULATION AND ORDER DISMISSING
CERTAIN AFFIRMATIVE DEFENSES

1:15-CV-00672-AWI-EPG

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affirmative defenses raised by the City in its Answer [Document No. 8], only. All remaining

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affirmative defenses raised in the City’s Answer remain operative.

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The dismissal of said affirmative defenses is not intended to operate as an adjudication on the

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merits, and no admission shall be construed as a result of the dismissal. Additionally, the dismissal

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of the first affirmative defense (failure to state a claim) is intended to waive the City’s right to

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challenge the pleadings, and is not intended to operate as a waiver of relief under any substantive

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relief afforded under Federal Rules of Civil Procedure, Rules 50, 52 or 56, or any other similar

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motions or relief.

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Good cause exists to dismiss said affirmative defenses because this stipulation was reached

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voluntarily and in good faith and following the Parties’ meet and confer efforts, made pursuant to the

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Court’s Scheduling Order [Document 11] and Local Rule 260 regarding Mission Linen’s intent to

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file a motion for partial summary judgment as to certain affirmative defenses raised by the City.

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Date: July 19, 2016

GUALCO LAW

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/s/ Lori J. Gualco as authorized on 7/19/16
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Lori J. Gualco
Attorney for Plaintiff Mission Linen Supply

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Date: July 19, 2016

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GREBEN & ASSOCIATES
/s/ Jan A. Greben

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Jan A. Greben
Christine M. Monroe
Attorneys for Plaintiff Mission Linen Supply

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Date: July 19, 2016

HERR, PEDERSEN & BERGLUND LLP

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/s/ Leonard C. Herr as authorized on 7/19/16

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Leonard C. Herr
Ron Statler

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-2STIPULATION AND ORDER DISMISSING
CERTAIN AFFIRMATIVE DEFENSES

1:15-CV-00672-AWI-EPG

Attorneys for Defendant City of Visalia

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[PROPOSED] ORDER

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The Parties having stipulated and agreed, and good cause appearing thereon, it is hereby
ORDERED:
1. The City’s first, second, third, eighth, twenty-third, twenty-fourth, twenty-ninth,
thirty-first, thirty-second, thirty-third, thirty-seventh, thirty-eighth and fortieth
affirmative defenses, as set forth in its Answer filed in the above captioned case as
Document No. 8, are hereby dismissed without leave to amend.
2. The stipulation and Order shall not operate as an adjudication on the merits or
admission by either party.
3. The dismissal of the first affirmative defense (failure to state a claim) shall not
operate as a waiver of the City’s right to substantive relief under the Federal Rules of
Civil Procedure.
4. All remaining affirmative defenses raised in the City’s Answer remain operative.

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IT IS SO ORDERED.

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Dated: July 20, 2016
SENIOR DISTRICT JUDGE

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-3STIPULATION AND ORDER DISMISSING
CERTAIN AFFIRMATIVE DEFENSES

1:15-CV-00672-AWI-EPG