Beavers v. City of Turlock, et al.

Filing 21

STIPULATION and ORDER for dismissal of certain allegations 20 signed by Chief Judge Lawrence J. O'Neill on 1/4/2018. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RANDY BEAVERS,

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180 Montgomery Street, Suite 1200
San Francisco, California 94104

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

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Case No.: 1:16-cv-01878-LJO-BAM
Plaintiff,

STIPULATION AND ORDER FOR
DISMISSAL OF CERTAIN ALLEGATIONS

v.
CITY OF TURLOCK, a municipal
corporation, Turlock Police Department
Officers GREGORY W. ROTON,
Individually, DUSTIN M. FERREIRA,
Individually, GABRIEL GONZALEZ,
Individually, PAUL INDERBITZEN,
Individually, and DOES 1 THROUGH 50,
Jointly and Severally,
Defendants.

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Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), IT IS HEREBY
STIPULATED among the parties, through their respective counsel, that the following allegations
from the Complaint be dismissed with prejudice.
1.

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whether or not he would be disciplined or terminated from his employment.” (Dkt.

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No. 1, ¶ 20);
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“… fear, anxiety, sleeplessness …“ (Dkt. No. 1, ¶ 22(e)); and

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The ninth cause of action, titled “Intentional Infliction of Emotional Distress”

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“Plaintiff endured further substantial mental and emotional distress in worrying

(Dkt. No. 1, ¶¶ 69-72)
The parties further stipulate to the following:

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1.

Plaintiff RANDY BEAVERS (“Plaintiff”) specifically disclaims any allegation for

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a specific mental or psychiatric injury or disorder, or unusually severe emotional

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distress.

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2.

To the extent Plaintiff seeks recovery for emotional distress damages, such
damages are limited to so-called “garden variety” emotional distress. Plaintiff is
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211578.1

STIP. FOR CERTAIN DISMISSALS
1:16-CV-01878-LJO-BAM

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barred from pursuing any of the following: (1) a claim for intentional or negligent

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infliction of emotional distress; (2) an allegation of a specific mental or psychiatric

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injury or disorder; and (3) a claim of unusually severe emotional distress. Plaintiff

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is also barred from offering expert testimony to support a claim of his emotional

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distress. See Turner v. Imperial Stores, 161 F.R.D. 89, 95 (S.D. Cal. 1995).

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Respectfully Submitted,
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Dated: January 2, 2018

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LAW OFFICES OF SANJAY S. SCHMIDT AND
LAW OFFICES OF PANOS LAGOS
By:

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180 Montgomery Street, Suite 1200
San Francisco, California 94104

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

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Dated: January 2, 2018

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ALLEN, GLAESSNER,
HAZELWOOD & WERTH, LLP
By:

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/s/ Panos Lagos
PANOS LAGOS
Attorneys for Plaintiff
RANDY BEAVERS

/s/ Kevin P. Allen
DALE L. ALLEN, JR.
KEVIN P. ALLEN
Attorneys for Defendants
CITY OF TURLOCK; GREGORY W.
ROTON; DUSTIN M. FERREIRA; GABRIEL
GONZALEZ; and PAUL INDERBITZEN

PURSUANT TO THE STIPULATION SET FORTH ABOVE, IT IS SO ORDERED.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

January 4, 2018

UNITED STATES CHIEF DISTRICT JUDGE

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211578.1

STIP. FOR CERTAIN DISMISSALS
1:16-CV-01878-LJO-BAM