The Estate of Jason Alderman et al v. City of Bakersfield et al

Filing 93

ORDER re DISMISSAL and CLOSING the Case, signed by Magistrate Judge Jennifer L. Thurston on 3/1/19. CASE CLOSED. (Marrujo, C)

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Michael G. Marderosian, No. 77296
Heather S. Cohen, No. 263093
MARDEROSIAN & COHEN
1260 Fulton Street
Fresno, CA 93721
Telephone: [phone]
Facsimile: [phone]
Virginia Gennaro, No. 138877
City Attorney
CITY OF BAKERSFIELD
1501 Truxtun Avenue
Bakersfield, CA 93301
Telephone: [phone]
Facsimile: [phone]

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Attorneys for:

Defendants CITY OF BAKERSFIELD, BAKERSFIELD POLICE
DEPARTMENT, OFFICER CHAD GARRETT and OFFICER RICK WIMBISH

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THE ESTATE OF JASON ALDERMAN;
JUDY EDENS, an individual, A.K., by and
through his guardian ad litem NENA
CHAVEZ; and S.A., by and through his
guardian ad litem STEPHANIE ELLIOTT,

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Plaintiffs,
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vs.
CITY OF BAKERSFIELD;
BAKERSFIELD POLICE DEPARTMENT;
OFFICER CHAD GARRETT, an individual;
OFFICER RICK WIMBISH, an individual;
and DOES 1 to 50,

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Defendants.
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) Case No. 1:16-CV-00994-DAD-JLT
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) STIPULATION OF DISMISSAL AND
) ORDER CLOSING THE CASE
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IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto, through their

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respective counsel, that the above-referenced matter be dismissed in its entirety with prejudice. Each party

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is to bear its own attorneys’ fees and costs.

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Dated: March 1, 2019

MARDEROSIAN & COHEN

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/s/ Heather S. Cohen
By:________________________________
Heather S. Cohen,
Attorneys for Defendants
above-named.

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Dated: March 1, 2019

GERAGOS & GERAGOS

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/s/ Ben J. Meiselas
By:________________________________
Ben J. Meiselas,
Attorneys for Plaintiffs
above-named.

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ORDER

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The parties have settled their case and have stipulated to the action being dismissed with prejudice

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and with each side bearing their own costs. (Doc. 92) The Federal Rules of Civil Procedure Rule 41 makes

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such stipulations effective immediately with further order of the Court. Because all parties who have

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appeared in the action signed the stipulation (Doc. 92), it “automatically terminate[d] the action.” Wilson v.

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City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Accordingly, the Clerk of Court is DIRECTED to close
this action.

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IT IS SO ORDERED.

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Dated:

March 1, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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