M.M. v. County of Kern et al

Filing 36

ORDER Directing the Court to Close the Action as to the Kern County Sheriff's Department Only, signed by Magistrate Judge Jennifer L. Thurston on 5/31/2017. (Hall, S)

1
2
3
4

MARK L. NATIONS, INTERIM COUNTY COUNSEL
By: ANDREW C. THOMSON, DEPUTY (SBN 149057)
Kern County Administrative Center
1115 Truxtun Avenue, Fourth Floor
Bakersfield, CA 93301
Telephone [phone]
Fax [phone]

5
6
7

Attorneys for Defendants County of Kern,
Kern County Sheriff’s Department, Scott
Wall, Daniel Willis & Dennis Coffee

8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17
18

M.M., a minor, by and through her
guardian DAVID EVANKOVICH,

)
)
)
Plaintiff,
)
vs.
)
)
COUNTY OF KERN; KERN COUNTY )
SHERIFF’S DEPARTMENT; SCOTT )
WALL; DANIEL WILLIS; DENNIS )
COFFEE; and DOES 1 through 100,
)
Inclusive,
)
Defendants.
)
)

CASE NO. 1:16-CV-00376-DAD-JLT
ORDER DIRECTING THE COURT TO
CLOSE THE ACTION AS TO THE KERN
COUNTY SHERIFF’S DEPARTMENT
ONLY
(Doc. 34)

19
20

This Stipulation for Dismissal of the Kern County Sheriff’s Department (hereinafter the

21

“KCSO”) is agreed upon by Plaintiff M.M., a minor, by and through her guardian David

22

Evankovich (hereinafter “Plaintiff”), represented by Joseph Whittington, Esq. of Rodriguez and

23

Associates, and Defendants, County of Kern, Kern County Sheriff’s Department (hereinafter

24

“KCSO”), Scott Wall, Daniel Willis and Dennis Coffee (hereinafter “Defendants”), represented

25

by Andrew C. Thomson, Deputy County Counsel.
Plaintiff and Defendants are hereinafter collectively referred to as the “Parties” and, by

26
27

and through their respective attorneys of record, and agree and stipulate as follows:

28

\\\
______________________________________________________________________________________ ________________
STIPULATION AND ORDER FOR DISMISSAL OF THE KERN COUNTY SHERIFF’S DEPARTMENT
1

1
2
3
4

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 Department is a Department and
integral agency of the County of Kern.

5

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

6

is not a proper Defendant in this litigation, and that KCSO liability, if any, is subsumed wholly

7

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

8

IT IS THEREFOR STIPULATED:

9

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

10
11

The Parties agree and stipulate that Defendant Kern County Sheriff’s Department be
dismissed, with prejudice, from this litigation.

12
13

Dated: May 31, 2017

MARK L. NATIONS, INTERIM COUNTY COUNSEL

14
By /s/ Andrew C. Thomson
_
Andrew C. Thomson, Deputy
Attorneys for Defendants County of Kern,
Kern County Sheriff’s Department, Scott
Wall, Daniel Willis & Dennis Coffee

15
16
17
18
19

Dated: May 31, 2017

RODRIGUEZ & ASSOCIATES

20
21
22
23

By /s/ Joseph Whittington
Joseph Whittington, Esq.
Attorneys for Plaintiff
M.M., a minor

_

24
25
26
27
28
______________________________________________________________________________________ ________________
STIPULATION AND ORDER FOR DISMISSAL OF THE KERN COUNTY SHERIFF’S DEPARTMENT
2

ORDER

1
2

Federal Rules Civil Procedure 41(a) provides, “the plaintiff may dismiss an action

3

without a court order by filing: . . . a stipulation of dismissal signed by all parties who have

4

appeared.”. . .” Once such a notice has been filed, an order of the Court is not required to make

5
6

the dismissal effective. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688,

7

692 (9th Cir. 1997). Thus, the Clerk of Court is DIRECTED to close the case as to the Kern

8

County Sheriff’s Department ONLY.

9
10
11

IT IS SO ORDERED.
Dated:

May 31, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

______________________________________________________________________________________ ________________
STIPULATION AND ORDER FOR DISMISSAL OF THE KERN COUNTY SHERIFF’S DEPARTMENT
3