Arrieta, et al. v. County of Kern, et al.

Filing 26

STIPULATION FOR DISMISSAL of Defendants;ORDER Closing Case, signed by Magistrate Judge Jennifer L. Thurston on 03/10/17. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 9 Leonard C. Herr, Esq (SBN 081896) HERR PEDERSEN & BERGLUND LLP 100 Willow Plaza, Suite 300 Visalia, California 93291 Telephone: (559) 636-0200 Facsimile: (559) 636-9759 Mark L. Nations, Interim County Counsel Andrew C. Thomson, Deputy (SBN 149057) OFFICE OF THE COUNTY COUNSEL 1115 Truxtun Avenue, Fourth Floor Bakersfield, CA 93301 Telephone: (661) 868-3800 Facsimile: (661) 868-3805 Attorneys for Defendants County of Kern, Deputy Bravo, Detectives Brewer, Rutledge, Kimmel, and Sergeant Smallwood UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 FRANCISCO ARRIETA, et. a1. 13 14 15 16 17 18 Plaintiffs, v. COUNTY OF KERN, DETECTIVE BREWER, DETECTIVE KIMMEL, SARGENT SMALLWOOD ,and DOES 1 to 100, Inclusive, Defendants. 19 20 21 ) CASE NO.: 1:15-cv-00706-LJO JLT ) ) LEAD CASE NO:1:14-cv-00400 LJO JLT ) ) Member Case Nos ) 1:14-cv-OO401 LJO JLT ) 1:14-cv-00402 LJO JLT ) 1:14-cv-00403 LJO JLT ) 1:14-cv-00404 LJO JLT ) 1:14-cv-00717 LJO JLT ) ) STIPULATION FOR DISMISSAL OF ) DEFENDANTS; [PROPOSED] ORDER ) CLOSING CASE ) ) 22 COME NOW the Parties to this matter, and stipulate that the entire matter, including all 23 cases against Defendants County of Kern, Bravo, Brewer, Rutledge, Kimmel, and Smallwood 24 should be dismissed with prejudice. 25 Plaintiffs Maria Melendez, Melissa Quair, Sulina Quair, Francisco Arrieta, Laura 26 Vasquez, and T.A., a minor, by and through his guardian ad litem Maria Guerrero (hereinafter 27 28 1 Stipulation For Dismissal of Defendants County, Bravo, Brewer, Rutledge, Kimmel and Smallwood 1 collectively “Plaintiffs”), are represented by their counsel of record Daniel Rodriguez and 2 Chantal Trujillo, of Rodriguez & Associates. 3 Defendants County of Kern, Defendants Bravo, Brewer, Rutledge, Kimmel, and 4 Smallwood (hereinafter collectively “Defendants”) are represented by their counsels of record 5 Leonard C. Herr of Herr Pedersen & Berglund and Andrew C. Thomson of the Office of Kern 6 County Counsel. 7 8 Plaintiffs and Defendants (hereinafter collectively identified as the "Parties") stipulate and provide as follows: 9 IT IS HEREBY STIPULATED by and between the Parties to this action through their 10 designated counsel, that all of the above-captioned cases be dismissed with prejudice in their 11 entireties as to each and every complaint, allegation and/or cause of action against Defendants; 12 specifically Plaintiffs agree to the dismissal of the entire applicable multi-case action, including 13 all complaints and/or causes of action filed by Plaintiffs, as against each and every Defendant 14 named in any and all of the aforementioned applicable multi-case actions. 15 IT IS FURTHER STIPULATED that the aforementioned dismissal is in consideration 16 of a resolution of the matter by the Parties, and that each party hereby agrees to bear all of their 17 own costs and attorney’s fees with respect to this litigation. Dated: March 7, 2017 RODRIGUEZ & ASSOCIATES 18 19 By /s/ Chantal A. Trujillo Daniel Rodriguez and Chantal A. Trujillo Attorneys for Plaintiffs 20 _ 21 Dated: March 7, 2017 22 HERR PEDERSEN & BERGLUND, and OFFICE OF KERN COUNTY COUNSEL 23 24 25 By /s/ Andrew C. Thomson Leonard C. Herr and Andrew C. Thomson Attorneys for Defendants _ 26 27 28 2 Stipulation For Dismissal of Defendants County, Bravo, Brewer, Rutledge, Kimmel and Smallwood ORDER 1 2 The parties have filed a stipulation to dismiss this action. (Doc. 22) Federal Rules of Civil 3 Procedure 41(a)(1) provides, “the plaintiff may dismiss an action without a court order by filing: 4 . . . a stipulation of dismissal signed by all parties who have appeared.”. . .” Fed. R. Civ. P. 41(a). 5 6 Once such a notice has been filed, an order of the Court is not required to make the dismissal effective. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 7 8 9 1997). Thus, the Clerk of Court is DIRECTED to close this action in light of the stipulation as dictated by Rule 41(a). 10 11 12 IT IS SO ORDERED. Dated: March 10, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Stipulation For Dismissal of Defendants County, Bravo, Brewer, Rutledge, Kimmel and Smallwood

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