Winn v. County of Kern et al

Filing 45

STIPULATION and ORDER of DISMISSAL signed by Magistrate Judge Jennifer L. Thurston on 7/25/2018. CASE CLOSED. (Sant Agata, S)

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MARK L. NATIONS, COUNTY COUNSEL
By: Andrew C. Thomson, Chief Deputy (SBN 149057)
Kern County Administrative Center
1115 Truxtun Avenue, Fourth Floor
Bakersfield, CA 93301
Telephone [phone]
Fax [phone]

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Attorneys for Defendants County of Kern,
Lisa Green, Scott Tunnicliffe and Charles Brown

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAY WINN,

)
)
Plaintiff,
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)
v.
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COUNTY OF KERN, a municipality; LISA )
GREEN, individually and in her official
)
capacity; SCOTT TUNNICLIFFE,
)
individually and in his official capacity;
)
CHARLES BROWN, individually and in )
his official capacity and DOES 1 to 10,
)
inclusive
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Defendants.
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)
)

Case No.: 1:16-CV-01021-DAD-JLT

STIPULATION OF DISMISSAL AND
[PROPOSED] ORDER
(Doc. 44)

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IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto, through

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their respective counsel, that the above-referenced matter be dismissed in its entirety with

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prejudice. Each party is to bear its own attorneys’ fees and costs.

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IT IS ALSO STIPULATED AND AGREED that Plaintiff agrees to a full and complete

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release of all claims in exchange for Defendants’ waiver of costs and fees and a forbearance

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of filing suit against Plaintiff relating to this suit or circumstances described in

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STIPULATION FOR DISMISSAL AND RELEASE

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Plaintiff’s Complaint.

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Respectfully submitted,

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Dated: July 24, 2018

By:__ /s/ Andrew C. Thomson _________
Andrew C. Thomson, Chief Deputy
Attorneys for Defendants

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MARK L. NATIONS, COUNTY COUNSEL

Dated: July 12, 2018

ADAMS, FERRONE & FERRONE
By:__ /s/ Michael A. McGill _______
Michael A. McGill, Esq.
Attorneys for Plaintiff

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STIPULATION FOR DISMISSAL AND RELEASE

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

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with prejudice. (Doc. 10) The Federal Rules of Civil Procedure Rule 41 makes such

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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. 22), it “automatically terminate[d] the

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action.” Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Accordingly, the Clerk

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of Court is DIRECTED to close this action.

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IT IS SO ORDERED.
Dated:

July 25, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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STIPULATION FOR DISMISSAL AND RELEASE