Estate of Donald Maliik Levingston et al v. County of Kern et al
Filing
57
ORDER DISMISSING Portions of Plaintiff's First Amended Complaint Pursuant to Stipulation signed by District Judge Dale A. Drozd on 11/6/2017. Defendant Donny Youngblood terminated. (Jessen, A)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
12
13
14
15
THE ESTATE OF DONALD MALIK
LEVINGSTON, TRACI MORALES,
individually and as successor in interest to
the ESTATE OF DONALD MALIK
LEVINGSTON, ELIJAH LEVINGSTON
by and through his Guardian Ad Litem
TRACI MORALES and ELIZABETH
LEVINGSTON, by and through her
Guardian Ad Litem TRACI MORALES,
Plaintiffs,
17
19
20
21
ORDER DISMISSING PORTIONS OF
PLAINTIFF’S FIRST AMENDED
COMPLAINT PURSUANT TO
STIPULATION
(Doc. No. 56)
16
18
No. 1:16-cv-0188-DAD-JLT
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,
22
Defendants.
23
On November 2, 2017, the parties filed a stipulation for dismissal of portions of plaintiffs’
24
25
first amended complaint presumably under Federal Rule of Civil Procedure 41(a)(1)(A)(ii).
26
(Doc. No. 56.) Therein the parties agreed to dismiss the following causes of action with respect
27
to the following defendants:
28
/////
1
2nd Cause of Action, Violations of Plaintiff’s Rights under the
Fourteenth Amendment, Deliberate Indifference to Serious
Medical Needs – dismissed as to County of Kern only;
4th Cause of Action, Supervisor Liability for Violations of
Plaintiff’s Rights under the Fourteenth Amendment, Deliberate
Indifference to Serious Medical Needs – dismissed as to the
County of Kern and Sheriff Donny Youngblood;
5th Cause of Action, Racial Discrimination – dismissed as to all
defendants;
6th Cause of Action, Municipal Liability
Discrimination – dismissed as to all defendants;
for
Racial
7th Cause of Action, Supervisor Liability for
Discrimination – dismissed as to all defendants;
Racial
2
1st Cause of Action, Wrongful Death – dismissed as to Sheriff
Donny Youngblood only;
1
8th Cause of Action, Intentional Infliction of Emotional Distress
– dismissed as to all defendants
3
4
5
6
7
8
9
10
11
12
13
(Id. at 3.)
In light of the foregoing, the parties agree that the following causes of action proceed
14
15
against the remaining defendants:
1st Cause of Action, Wrongful Death by all plaintiffs against
Defendants Hall Ambulance Service, Inc., Brenda Robinson,
Deputy Manriquez, and the County of Kern
2nd Cause of Action, § 1983 Violations of Plaintiffs’ Fourteenth
Amendment Rights, Deliberate Indifference to Serious Medical
Needs, Health and Safety against Deputy Manriquez;
16
3rd Cause of Action, § 1983 Municipal Liability for Violation of
Plaintiffs’ Fourteenth Amendment Rights, Deliberate
Indifference to Serious Medical Needs, Health, and Safety
against the County of Kern.
17
18
19
20
21
22
23
(Id. at 3–4.)
Accordingly, the court approves the parties’ stipulation of dismissal as to the above-listed
24
25
claims of the first amended complaint and the designated claims are hereby dismissed as to the
26
/////
27
/////
28
/////
2
1
specifically designated defendants. The Clerk of the Court is directed to terminate Sheriff Donny
2
Youngblood as a defendant from this action since no claims remain against him.
3
IT IS SO ORDERED.
4
Dated:
November 6, 2017
UNITED STATES DISTRICT JUDGE
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?