Avila et al v. State of California et al

Filing 65

ORDER signed by District Judge John A. Mendez on 06/06/17 ORDERING that the 59 Request for Dismissal is GRANTED; the Fourth Cause of Action of the Third Amended Complaint in its entirety and the Fifth Cause of Action of the Third Amended Complaint as against defendants, State of California and County of Madera, only are DISMISSED. (Benson, A)

1
2
3
4
5
6

Stephen R. Cornwell, CA Bar #40737
CORNWELL & SAMPLE, LLP 
Attorneys at Law
7045 N. Fruit Avenue
Fresno, CA 93711-0761
Telephone: [phone]
Facsimile: [phone] 

(SPACE BELOW FOR FILING STAMP ONLY)

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

REQUEST FOR DISMISSAL OF
PLAINTIFFS’ FOURTH CAUSE OF
ACTION IN ITS ENTIRETY AND
FIFTH CAUSE OF ACTION AS TO
THE STATE OF CALIFORNIA AND
THE COUNTY OF MADERA; AND
ORDER THEREON

18
19

TO THE ABOVE UNITED STATES DISTRICT COURT, THE CLERK OF THE

20

COURT IN THE ABOVE-ENTITLED ACTION AND ALL PARTIES HEREIN:

21
22

Plaintiffs MELINDA AVILA, GRETEL LORENZO, ALFREDO LORENZO, and

23

JOSE LORENZO request dismissal of the Fourth Cause of Action of their Third Amended

24

Complaint in its entirety and dismissal of the Fifth Cause of Action of their Third

25

Amended Complaint as against defendants, State of California and County of Madera,

26

only. The remainder of the Fifth Cause of Action remains as alleged against CHP Officer

27

Paul Varner and Deputy Sheriff Richard Gonzales.

28

CORNWELL & SAMPLE LLP
7045 N. Fruit Avenue
Fresno, CA 93711

Request for Dismissal of Plaintiffs’ Fourth COA in Its Entirety and Fifth COA
As Against the State of California and County of Madera Only
-1-

1
2

Plaintiffs informed defense counsel of the above at the time of their meet and confer
on May 5, 2017, prior to the defense filings of their motions for summary judgment

3
4

DATED: June 5, 2017.

CORNWELL & SAMPLE, LLP 

5
6

By:__/s/________________________________
Stephen R. Cornwell
Attorneys for Plaintiffs
MELINDA AVILA, GRETEL LORENZO,
ALFREDO LORENZO, and JOSE LORENZO

7
8
9
10
11

IT IS SO ORDERED.

12
13

DATED: 6/6/2017

/s/ John A. Mendez____________
United States District Court Judge

14
15
16
17
18
19
20
21
22
23
24

F:\Cases\AVILA.Melinda\PLEADINGS\FEDERAL COURT\STIPULATION AND ORDER OF DISMISSAL.Cosentino Defendant.doc

25
26
27
28

CORNWELL & SAMPLE LLP
7045 N. Fruit Avenue
Fresno, CA 93711

Request for Dismissal of Plaintiffs’ Fourth COA in Its Entirety and Fifth COA
As Against the State of California and County of Madera Only
-2-