Estate of Donald Maliik Levingston et al v. County of Kern et al

Filing 19

ORDER GRANTING 18 Stipulation to Dismiss the Kern County Sheriff's Office, signed by Magistrate Judge Jennifer L. Thurston on 1/27/2017. Case Closed as to Defendant Kern County Sheriff's Office, Only. (Hall, S)

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1 2 3 4 5 6 7 MARK L. NATIONS, INTERIM COUNTY COUNSEL By: Andrew C. Thomson, Deputy (Bar # 149057) Kern County Administrative Center 1115 Truxtun Avenue, Fourth Floor Bakersfield, CA 93301 Telephone 661-868-3800 Fax 661-868-3805 Attorneys for Defendants County of Kern, Kern County Sheriff's Office, Sheriff Youngblood, and Deputy Manriquez 8 UNITED STATES DISTRICT COURT 9 10 11 12 13 14 15 EASTERN DISTRICT OF CALIFORNIA THE ESTATE OF DONALD MALIIK LEVINGSTON, TRACI MORALES, individually and as successor in interest to the ESTATE OF DONALD MALIIK LEVINGSTON, ELIJAH LEVINGTSON by and through his Guardian Ad Litem TRACI MORALES and ELIZABETH LEVINGSTON, by and through her Guardian Ad Litem TRACI MORALES 16 Plaintiffs, 17 18 19 20 21 22 v. COUNTY OF KERN, KERN COUNTY SHERIFF’S DEPT., DEPUTY DAVID MANRIQUEZ, KERN COUNTY SHERIFF DONNY YOUNGBLOOD, HALL AMBULANCE SERVICE, INC., BRENDA ROBINSON and DOES 1 THROUGH 25, INCLUSIVE 23 24 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-CV-00188 DAD JLT STIPULATION FOR DISMISSAL OF THE KERN COUNTY SHERIFF’S OFFICE 25 COME NOW THE PARTIES IN THIS MATTER: 26 Plaintiffs, the Estate Of Donald Maliik Levingston, Traci Morales, individually and as 27 successor in interest to the Estate Of Donald Maliik Levingston, Elijah Levingston by and 28 through his Guardian Ad Litem Traci Morales and Elizabeth Levingston, by and through her 1 ____________________________________________________________________________________________ STIPULATION RE: DISCOVERY AND TRIAL TESTIMONY OF MINOR PLAINTIFFS 1 Guardian Ad Litem Traci Morales (hereinafter collectively “Plaintiffs”) are represented by 2 Michael J. Curls and Nichelle D. Jones of the Law Offices of Michael J. Curls. 3 Defendants, Hall Ambulance Service, Inc. and Brenda Robinson (hereinafter 4 collectively “Hall Defendants”) are represented by Deborah S. Tropp of McNeil, Tropp & 5 Braun. 6 Defendants, County of Kern, Kern County Sheriff's Office, Sheriff Youngblood, and 7 Deputy Manriquez, (hereinafter collectively “County Defendants”) are represented by Andrew 8 C. Thomson, of the Office of Kern County Counsel. 9 10 11 12 13 14 Plaintiffs, Hall Defendants and County Defendants are hereinafter collectively referred to as the “Parties” and provide as follows: IT IS HEREBY UNDERSTOOD, by and between the Parties to this action through their designated counsel: The Parties understand that the Kern County Sheriff’s Office is a Department of, and integral to, the County of Kern. 15 The Parties are informed and believe that Defendant Kern County Sheriff’s Office is 16 not a proper Defendant in this litigation, and that its’ liability, if any, is subsumed and 17 completely incorporated within the liability umbrella of the County of Kern. 18 IT IS THEREFOR STIPULATED: 19 Based upon the foregoing, the Parties agree and stipulate, as follows: 20 The Parties agree and stipulate that Defendant Kern County Sheriff’s Office be 21 dismissed, with prejudice, from this litigation. 22 23 DATED: January 25, 2017 Law Offices of Michael J. Curls 24 25 26 27 28 By: /s/ Nichelle D. Jones _ Michael J. Curls, Esq. Nichelle D. Jones, Esq. Attorneys for Plaintiffs Estate of Donald Maliik Levingston, Traci Morales, Elijah Levingston and Elizabeth Levingston 2 ____________________________________________________________________________________________ STIPULATION RE: DISCOVERY AND TRIAL TESTIMONY OF MINOR PLAINTIFFS 1 DATED: January 25, 2017 McNeil Tropp & Braun LLP 2 By: /s/ Christine Meissner for _ Deborah S. Tropp, Esq. Attorneys for Defendants Hall Ambulance Service, Inc. and Brenda Robinson 3 4 5 DATED: January 25, 2017 Mark L. Nations, Interim County Counsel 6 7 By: /s/ Andrew C. Thomson _ Andrew C. Thomson, Deputy County Of Kern, Kern County Sheriff’s Dept., Deputy David Manriquez, and Kern County Sheriff Donny Youngblood 8 9 10 11 ORDER 12 Based upon the stipulation of the parties which relies upon Fed. R. Civ. P. 41(a), the 13 Court DIRECTS the Clerk of the Court to close this matter as to the Kern County Sheriff’s 14 Office, only. 15 16 IT IS SO ORDERED. 17 18 Dated: January 27, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 3 ____________________________________________________________________________________________ STIPULATION RE: DISCOVERY AND TRIAL TESTIMONY OF MINOR PLAINTIFFS

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