Avila et al v. State of California et al

Filing 13

STIPULATION and ORDER signed by Judge John A. Mendez on 8/4/15 ORDERING that defendant Nicholas Cosentino is DISMISSED with prejudice. (Manzer, C)

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1 2 3 4 5 6 Stephen R. Cornwell, CA Bar #40737 (SPACE BELOW FOR FILING STAMP ONLY) Attorneys at Law 7045 N. Fruit Avenue Fresno, CA 93711-0761 Telephone: (559) 431-3142 Facsimile: (559) 436-1135 Attorneys for Plaintiffs MELINDA AVILA, GRETEL LORENZO, ALFREDO LORENZO, and JOSE LORENZO 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 MELINDA AVILA, GRETEL LORENZO,) ALFREDO LORENZO, and JOSE ) LORENZO, ) ) Plaintiffs, ) ) v. ) ) STATE OF CALIFORNIA; COUNTY OF ) MADERA; RICHARD GONZALES; ) PAUL VARNER; GUY RICH and DOES ) 3 through 100, inclusive, ) ) Defendants. ) ) CASE NO.: 1:15-cv-00996-JAM-GSA STIPULATION AND ORDER RE DISMISSAL OF DEFENDANT NICHOLAS COSENTINO ONLY WITH PREJUDICE 18 19 TO THE ABOVE UNITED STATES DISTRICT COURT AND THE CLERK OF 20 THE COURT IN THE ABOVE-ENTITLED ACTION: 21 22 Plaintiffs MELINDA AVILA, GRETEL LORENZO, ALFREDO 23 LORENZO, and JOSE LORENZO and Defendant NICHOLAS COSENTINO only 24 (collectively referred to as the “Parties”) acknowledge that a bona fide dispute exists 25 between the Parties in connection with the allegations in this lawsuit and that the Parties 26 have agreed to resolve their disputes for fair consideration, conditioned upon dismissal of 27 this lawsuit with prejudice in exchange for a waiver of costs and attorneys fees. 28 /// CORNWELL & SAMPLE LLP 7045 N. Fruit Avenue Fresno, CA 93711 STIPULATION AND ORDER RE DISMISSAL OF DEFENDANT NICHOLAS COSENTINO ONLY WITH PREJUDICE -1- 1 THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiffs 2 MELINDA AVILA, GRETEL LORENZO, ALFREDO LORENZO, and JOSE LORENZO 3 and Defendant NICHOLAS COSENTINO only, through their respective counsel of record, 4 that the above-entitled action be and hereby is dismissed with prejudice in its entirety 5 pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. Each party shall bear 6 his/her own attorneys’ fees and costs. 7 8 IT IS SO STIPULATED. DATED: July 15, 2015. 9 10 By:_____/s/_____________________________ Stephen R. Cornwell Attorneys for Plaintiffs MELINDA AVILA, GRETEL LORENZO, ALFREDO LORENZO, and JOSE LORENZO 11 12 13 14 15 16 DATED: July 17, 2015. KAMALA D. HARRIS Attorney General of California ALBERTO L. GONZALEZ Supervising Deputy Attorney General 17 18 19 20 21 22 By:____/s/______________________________ Catherine Woodbridge Guess Attorneys for Defendants State of California by and through California Highway Patrol and Officer Varner and Cosentino 23 24 25 26 27 28 CORNWELL & SAMPLE LLP 7045 N. Fruit Avenue Fresno, CA 93711 STIPULATION AND ORDER RE DISMISSAL OF DEFENDANT NICHOLAS COSENTINO ONLY WITH PREJUDICE -2- 1 DATED: August 3, 2015. 2 3 By:______/s/____________________________ Carolyn J. Frank Daniel S. Roberts Sean D. Deburgh Attorneys for Defendants County of Madera, Richard Gonzales, and Guy Rich 4 5 6 7 8 9 10 11 12 IT IS SO ORDERED. 13 14 15 DATED: 8/4/2015 /s/ John A. Mendez_____________ United States District Court Judge 16 17 18 19 20 21 22 23 24 25 F:\Cases\AVILA.Melinda\PLEADINGS\FEDERAL COURT\STIPULATION AND ORDER OF DISMISSAL.Cosentino Defendant.doc 26 27 28 CORNWELL & SAMPLE LLP 7045 N. Fruit Avenue Fresno, CA 93711 STIPULATION AND ORDER RE DISMISSAL OF DEFENDANT NICHOLAS COSENTINO ONLY WITH PREJUDICE -3-

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