Gonzalez v. City of Bakersfield

Filing 42

ORDER on 41 Joint Stipulation Regarding Dispositive Motions, signed by Magistrate Judge Jennifer L. Thurston on 4/24/2017. (Hall, S)

THE LAW OFFICE OF THOMAS C. SEABAUGH
1 Thomas C. Seabaugh, Esq., SBN 272458 | [e-mail]
128 North Fair Oaks Avenue
2 Pasadena, California 91103
Telephone: [phone]
3
CHAIN COHN STILES
4 David K Cohn, Esq., SBN 68768 | [e-mail]
Neil K. Gehlawat, Esq., SBN 289388 | [e-mail]
5 1430 Truxtun Ave., Suite 100
Bakersfield, CA 93301
6 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ARTURO GONZALES,
Case No. 1:16-CV-00107-JLT
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Plaintiff,
[PROPOSED] ORDER ON JOINT
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STIPULATION REGARDING
vs.
DISPOSITIVE MOTIONS
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CITY OF BAKERSFIELD,
(Doc. 41)
14 GARY CARRUESCO,
DOUG BARRIER,
15 KASEY KNOTT,
JUAN OROZCO,
16 and DOES 5-10,
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Defendants.

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-1PROPOSED ORDER REGARDING DISPOSITIVE MOTIONS

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PROPOSED ORDER
Before the Court is a stipulation among the parties with which they propose to

3 resolve certain issues arising with respect to their contemplated dispositive motions
4 by means of a compromise. Good cause appearing, the Court adopts the parties
5 stipulation and orders that:
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1.

The following claims for relief in the Plaintiff’s First Amended

7 Complaint are DISMISSED with PREJUDICE with each party to bear its own
8 attorneys’ fees and costs as to those claims: (1) Plaintiff’s Third Claim for Relief
9 (substantive due process under federal law); (2) Plaintiff’s Tenth Claim for Relief
10 (under the California Bane Act) as to Defendant Carruesco only
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2.

Defendants’ motion for summary adjudication will be limited to (1) the

12 false arrest claims raised in the First Claim for Relief (wrongful detention or arrest
13 under federal law) and the Seventh Claim for Relief (false arrest under state law);
14 and (2) the claims against Defendant Carruesco.
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IT IS SO ORDERED.
Dated:

April 24, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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-2PROPOSED ORDER REGARDING DISPOSITIVE MOTIONS