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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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 [phone]
Fax [phone]
Attorneys for Defendants County of Kern,
Kern County Sheriff's Office, Sheriff
Youngblood, and Deputy Manriquez

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UNITED STATES DISTRICT COURT

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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

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Plaintiffs,

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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

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Defendants.

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Case No.: 1:16-CV-00188 DAD JLT
STIPULATION FOR DISMISSAL OF
THE KERN COUNTY SHERIFF’S
OFFICE

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COME NOW THE PARTIES IN THIS MATTER:

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Plaintiffs, the Estate Of Donald Maliik Levingston, Traci Morales, individually and as

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successor in interest to the Estate Of Donald Maliik Levingston, Elijah Levingston by and

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through his Guardian Ad Litem Traci Morales and Elizabeth Levingston, by and through her
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STIPULATION RE: DISCOVERY AND TRIAL TESTIMONY OF MINOR PLAINTIFFS

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Guardian Ad Litem Traci Morales (hereinafter collectively “Plaintiffs”) are represented by

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Michael J. Curls and Nichelle D. Jones of the Law Offices of Michael J. Curls.

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Defendants, Hall Ambulance Service, Inc. and Brenda Robinson (hereinafter

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collectively “Hall Defendants”) are represented by Deborah S. Tropp of McNeil, Tropp &

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Braun.

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Defendants, County of Kern, Kern County Sheriff's Office, Sheriff Youngblood, and

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Deputy Manriquez, (hereinafter collectively “County Defendants”) are represented by Andrew

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C. Thomson, of the Office of Kern County Counsel.

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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.

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The Parties are informed and believe that Defendant Kern County Sheriff’s Office is

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not a proper Defendant in this litigation, and that its’ liability, if any, is subsumed and

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completely incorporated within the liability umbrella of the County of Kern.

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IT IS THEREFOR STIPULATED:

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Based upon the foregoing, the Parties agree and stipulate, as follows:

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The Parties agree and stipulate that Defendant Kern County Sheriff’s Office be

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dismissed, with prejudice, from this litigation.

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DATED: January 25, 2017

Law Offices of Michael J. Curls

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By: /s/ Nichelle D. Jones
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Michael J. Curls, Esq.
Nichelle D. Jones, Esq.
Attorneys for Plaintiffs Estate of Donald Maliik
Levingston, Traci Morales, Elijah Levingston and
Elizabeth Levingston
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STIPULATION RE: DISCOVERY AND TRIAL TESTIMONY OF MINOR PLAINTIFFS

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DATED: January 25, 2017

McNeil Tropp & Braun LLP

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By: /s/ Christine Meissner for
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Deborah S. Tropp, Esq.
Attorneys for Defendants Hall Ambulance Service,
Inc. and Brenda Robinson

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DATED: January 25, 2017

Mark L. Nations, Interim County Counsel

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By: /s/ Andrew C. Thomson
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Andrew C. Thomson, Deputy
County Of Kern, Kern County Sheriff’s Dept.,
Deputy David Manriquez, and Kern County
Sheriff Donny Youngblood

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ORDER

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Based upon the stipulation of the parties which relies upon Fed. R. Civ. P. 41(a), the

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Court DIRECTS the Clerk of the Court to close this matter as to the Kern County Sheriff’s

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Office, only.

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IT IS SO ORDERED.

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Dated:

January 27, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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STIPULATION RE: DISCOVERY AND TRIAL TESTIMONY OF MINOR PLAINTIFFS