D.G., et al v. County of Kern

Filing 88

STIPULATION and ORDER signed by District Judge John A. Mendez on 6/29/17, ORDERING that this case is DISMISSED pursuant to Rule 41(a). CASE CLOSED (Kastilahn, A)

CHAIN | COHN | STILES
Matthew C. Clark, Esq. (SBN 218784) | [e-mail]
Neil K. Gehlawat, Esq. (SBN 289388) | [e-mail]
1731 Chester Avenue
Bakersfield, CA 93301
Telephone:
[phone]
Facsimile:
[phone]
LAW OFFICES OF DALE K. GALIPO
Dale K. Galipo, Esq. (SBN 144074) | [e-mail]
21800 Burbank Boulevard, Suite 310
Woodland Hills, CA 91367
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
D.G., a minor, by and through his guardian
ad litem, Denise Bonilla, individually and as
successor-in-interest to David Garcia,
deceased; D.E.G., a minor, by and through
her guardian ad litem, Denise Bonilla,
individually and as successor-in-interest to
David Garcia, deceased; G.D., a minor, by
and through her guardian ad litem, Denise
Bonilla, individually and as successor-ininterest to David Garcia, deceased;
RAMONA RAMIREZ NUNEZ,
individually,
Plaintiffs,
v.
COUNTY OF KERN; DOES 1 through 10,
Defendants.

CASE NO. 1:15-CV-00760-JAM-JLT
STIPULATION FOR DISMISSAL
WITH PREJUDICE; ORDER
THEREON

Pursuant to Rule 41(a) of the Rules of Civil Procedure, the parties hereby stipulate that the
Complaint filed on May 14, 2015 be dismissed with prejudice, each party to bear their own
attorney fees and costs.
DATED:

June 28, 2017

CHAIN | COHN | STILES
/s/ Neil K. Gehlawat
BY: ______________________________
Matthew C. Clark
Neil K. Gehlawat
Attorney for Plaintiff

DATED:

June 28, 2017

LAW OFFICES OF DALE K. GALIPO
/s/ Dale K. Galipo
BY: ______________________________
Dale K. Galipo
Attorney for Plaintiff

DATED:

June 28, 2017

COUNTY COUNSEL, COUNTY OF KERN
/s/ Andrew Thomson
BY: ______________________________
Andrew Thomson
Attorney for Defendant, COUNTY OF
KERN

ORDER
As noted above, the parties have stipulated to dismiss this action with prejudice and with
each party to bear their own attorney fees and costs. The stipulation relies on Fed. R. Civ. P. 41(a)
which provides, “the plaintiff may dismiss an action without a court order by filing: … a
stipulation of dismissal signed by all parties who have appeared.” … “Fed. R. Civil. P. 41(a).
Once such 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.
1997). Thus, the Clerk of the Court is DIRECTED to close this action in light of the stipulation
signed pursuant to Rule 41(a).
IT IS SO ORDERED.
DATED: 6/29/2017
/s/ John A. Mendez_______________________
JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE