Valdez v. County of Kings et al

Filing 12

STIPULATION AND ORDER TO DISMISS signed by Chief Judge Lawrence J. O'Neill on 5/9/2017. (Lundstrom, T)

1

James J. Arendt, Esq. Bar No. 142937
Michelle E. Sassano, Esq. Bar No. 232368

2
3
4
5

Weakley & Arendt, LLP
1630 East Shaw Ave., Suite 176
Fresno, California 93710
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

6

Attorneys for Defendant COUNTY OF KINGS
7
8
9
10
11

Morgan Ricketts (Bar No. 268892)
RICKETTS & YANG
540 El Dorado Street #202
Pasadena CA 91101
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

12
13

Attorneys for Plaintiff Michael Valdez

14

UNITED STATES DISTRICT COURT

15
16

FOR THE EASTERN DISTRICT OF CALIFORNIA

17
18
19
20
21
22
23
24
25
26

MICHAEL VALDEZ,

) CASE NO. 1:17-CV-00430-LJO-EPG
)
Plaintiff,
) STIPULATION AND ORDER TO
) DISMISS
vs.
)
HANFORD POLICE OFFICER LARRY )
LEEDS, in his individual capacity;
)
HANFORD POLICE DEPARTMENT, a )
municipal public entity; COUNTY OF
)
KINGS, CALIFORNIA, a municipal entity; )
NAPHCARE, INC., a Delaware
)
corporation; and DOES 1-10, inclusive,
)
)
Defendants.

27
28
Stipulation and Order to Dismiss

1

1

On April 14, 2017, Plaintiff filed his First Amended Complaint. (Doc. 7) On

2

April 28, 2017, Defendant County of Kings filed a Rule 12(b)(6) motion to dismiss

3

Plaintiff’s Fourth Claim for Relief alleging conversion under California law. (Doc. 9)

4

Upon review of the motion, Plaintiff stipulates to dismissal of the Fourth Claim for

5
6
7

Relief, without prejudice, as to Defendant County of Kings only.

In light of this

stipulation, Defendant County of Kings withdraws their motion to dismiss and requests
the Court vacate the May 30, 2017, hearing date.

8

Plaintiff and Defendant County of Kings further stipulate that Defendant County
9
10

of Kings’ Answer to the First Amended Complaint be filed on or before May 19, 2017.

11
12
13
14
15
16
17
18

[signatures on next page]

19
20
21
22
23
24
25
26
27
28
Stipulation and Order to Dismiss

2

1

DATE: May 5, 2017

2

WEAKLEY & ARENDT, LLP

3
4

By:

5
6
7
8

/s/ James J. Arendt
___________
James J. Arendt
Michelle E. Sassano
Attorneys for Defendants County
of Kings

Dated: May 5, 2017

9

RICKETTS & YANG

10
11

By:

12

/s/ Morgan Ricketts
______
Morgan Ricketts
Attorneys for Plaintiff Michael Valdez

13

ORDER

14
15

Pursuant to the above stipulation

16

(1) The Fourth Claim for Relief for conversion under California law is

17

DISMISSED without prejudice;

18

(2) The Clerk of Court is directed to administratively terminate the pending

19
20

motion to dismiss, Doc. 9, and VACATE the hearing thereon, and.

21

(3) Defendant County of Kings shall file its Answer to the First Amended

22

Complaint on or before May 19, 2017.

23
24
IT IS SO ORDERED.
25
26

Dated:

/s/ Lawrence J. O’Neill _____

May 9, 2017

UNITED STATES CHIEF DISTRICT JUDGE

27
28
Stipulation and Order to Dismiss

3