Carrasquilla et al v. Tulare County

Filing 45

Amended Stipulation to Dismiss Defendants From the Above Captioned Matter and ORDER Thereon, signed by Magistrate Judge Barbara A. McAuliffe on 11/22/16. Santos Salgado, Maxwell Vargas, Samuel Anderson, and Roman Garcia terminated. (Marrujo, C)

1

5

KATHLEEN BALES-LANGE, #094765
County Counsel for the County of Tulare
Judy Chapman, # 169479
Deputy County Counsel
2900 West Burrel, County Civic Center
Visalia, California 93291
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]

6

Attorneys for Defendants

2
3
4

7

UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

CARLOS CARRASQUILLA, et al.
Plaintiff,

11
12
13

Case Number: 1:15-CV-00740-BAM
AMENDED STIPULATION TO
DISMISS DEFENDANTS FROM THE
ABOVE CAPTIONED MATTER AND
ORDER THEREON.

v.
TULARE COUNTY SHERIFFS, et al.

14

Defendant.

15
16
17
18
19
20
21
22
23
24
25
26
27
28
County Counsel
Tulare County
Visalia, California

COMES NOW the Plaintiffs and defendants, by and through respective counsel of record and
hereby Stipulate as follows:
1. Discovery has closed in this matter and based on the findings from such discovery
Plaintiffs herein agree that no evidence exists as to liability as to the below listed named defendants.
Based on this finding, Plaintiffs agree to dismiss the following defendants, with prejudice, from this
lawsuit: Deputy Samuel Anderson, Deputy Roman Garcia, Deputy Maxwell Vargas and Sgt.
Santos Salgado.
2. In exchange for the above dismissal of the named deputies, the above named defendants,
and each of them, agree to waive any and all attorneys’ fees and costs and to further wave their right
to any malicious prosecution action against the plaintiffs in this matter.
The parties hereby agree that the filing of this Stipulation shall operate as plaintiffs’ request
that a dismissal with prejudice be entered, dismissing defendants Deputy Samuel Anderson,

1

Deputy Roman Garcia, Deputy Maxwell Vargas and Sgt. Santos Salgado from the above

2

captioned case.

3
4

Dated: 11-14-16

5

BOUCHER, LLP
LAW OFFICES OF HERMEZ MORENO, PC

6
____/s/ Hermez Moreno________________
HERMEZ MORENO
Attorneys for the Plaintiffs.

7
8
9
10
11

Dated: 11-14-16

KATHLEEN BALES-LANGE
Tulare County Counsel

12
13

By___ /s/ Judy Chapman_________________
Judy Chapman
Deputy County Counsel

14
15
16

Dated: 11-14-16

17
____/s/ Samuel Anderson_________________
Samuel Anderson
Deputy, Tulare County Sheriff

18
19
20

Dated: 11-4-16

21
22

_____/s/ Maxwell Vargas _________________
Maxwell Vargas
Deputy, Tulare County Sheriff

23
24
25

Dated: 11-2-16

26
27
28
County Counsel
Tulare County
Visalia, California

___/s/ Roman Garcia_____________________
Roman Garcia
Deputy, Tulare County Sheriff

1
2

Dated: 11-2-16

3
____/s/ Santo Salgado___________________
Santo Salgado
Sargent, Tulare County Sheriff

4
5
6
7

ORDER
8
9
10

The Court takes notice of the within Stipulation and hereby orders that Deputy Samuel

11

Anderson, Deputy Roman Garcia, Deputy Maxwell Vargas and Sgt. Santos Salgado are

12

Dismissed from the lawsuit, that the Dismissal is with Prejudice, and that each a party is to bear their

13

own attorney’s fees and costs.

14
15
16

IT IS SO ORDERED.

17
18
19
20
21
22
23
24
25
26
27
28
County Counsel
Tulare County
Visalia, California

Dated: November 22, 2016

/s/ Barbara

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE