Payne v. State of California et al

Filing 44

STIPULATION and ORDER to Dismiss Defendants State of California, Department of State Hospitals, and Metropolitan State Hospital without Prejudice signed by Magistrate Judge Michael J. Seng on 04/14/2018. (Flores, E)

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Theodore Slater , Esq., SBN 267479
SLATER LAW, APC
1017 L. St. #294
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorney for PLAINTIFF
COLEMAN PAYNE

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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COLEMAN PAYNE, an individual,

Case No. 17-CV-00906-DAD-MJS

PLAINTIFF,
STATE OF CALIFORNIA, a government entity
and state in the United States; DEPARTMENT OF
STATE HOSPITALS, a government agency form
unknown; METROPOLITAN STATE HOSPITAL,
an entity form unknown; COUNTY OF
CALAVERAS, a government entity in the State of
California; CALAVERAS COUNTY SHERIFF, a
governmental agency of unknown form;
CALAVERAS COUNTY JAIL, an entity form
unknown; JOHN P. BAILEY, an individual; JOY
LYNCH, an individual, CALIFORNIA
FORENSIC MEDICAL GROUP, a business entity
of unknown form located in the State of California;
DOES 2 through 50, inclusive.

STIPULATION TO DISMISS
DEFENDANTS STATE OF
CALIFORNIA, DEPARTMENT OF
STATE HOSPITALS, AND
METROPOLITAN STATE HOSPITAL
WITHOUT PREJUDICE

Judge: Hon. Michael J. Seng
Trial Date: None Assigned
Action Filed: July 2, 2017

DEFENDANTS.

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STIPULATION

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STIPULATION

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Plaintiff Coleman Payne (“Plaintiff”) and DEFENDANTS, STATE OF CALIFORNIA,
DEPARTMENT OF STATE HOSPITALS, AND METROPOLITAN STATE HOSPITAL, by and
through their respective counsel of record, stipulate to the dismissal of only DEFENDANTS STATE
OF CALIFORNIA, DEPARTMENT OF STATE HOSPITALS, AND METROPOLITAN STATE
HOSPITAL from the instant action without prejudice.

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IT IS HEREBY STIPULATED AND AGREED by Plaintiff COLEMAN PAYNE and
Defendants, STATE OF CALIFORNIA, DEPARTMENT OF STATE HOSPITALS, AND
METROPOLITAN STATE HOSPITAL, by and through their counsel, that:

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1.

STATE OF CALIFORNIA, DEPARTMENT OF STATE HOSPITALS, AND METROPOLITAN
STATE HOSPITAL from this action without prejudice.

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The parties to this stipulation request that the court dismiss only DEFENDANTS

2.

In exchange for this dismissal without prejudice, all parties to this agreement agree to

bear their own fees and costs regarding the above federal action. This agreement to waive costs and
fees, and any order upon this agreement to waive costs and fees, will cease if Defendants State of
California, Department of State Hospitals, and/or Metropolitan State Hospital are brought into this
action on a date after the order of their dismissal from this action is entered by this Court.

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3.

This Stipulation may be executed in counterparts.

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IT IS SO STIPULATED.
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STIPULATION

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DATED: April 11, 2018

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By: /s/ Lisa Tillman
Lisa Tillman Esq.
Deputy Attorney General
Office of the California Attorney General
Attorneys for Defendants
State of California, Department of State
Hospitals, and Metropolitan State Hospital

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DATED: April 11, 2018

SLATER LAW, APC

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By: /s/ Theodore Slater
Theodore Slater, Esq.
Attorneys for Plaintiff,
Coleman Payne

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STIPULATION

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ORDER

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This matter is before the Court on the Stipulation of the Plaintiff Coleman Payne and
Defendants State of California, Department of State Hospitals, and Metropolitan State Hospital, by
and through their counsel, to dismiss without prejudice from this federal action the Defendants State
of California, Department of State Hospitals, and Metropolitan State Hospital.

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Good cause being found and no prejudice to any party or the Court resulting,
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PURSUANT TO STIPULATION, THE COURT ORDERS AS FOLLOWS:
Defendants State of California, Department of State Hospitals, and Metropolitan State
Hospital are dismissed from this federal unlimited civil case without prejudice. Plaintiff Coleman
Payne and Defendants State of California, Department of State Hospitals, and Metropolitan State

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Hospital only shall each bear all attorneys fees and costs related to this lawsuit and make no claim

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for any attorney’s fees or costs in this federal lawsuit as to each other. Should Plaintiff bring these

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Defendants into this lawsuit on a date after the order of their dismissal from this action is entered by

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this Court, the agreement and any order upon the agreement to waive costs and fees shall cease.

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IT IS SO ORDERED.
Dated:

April 14, 2018

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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STIPULATION

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