Perez et al v. City Of Fresno et al

Filing 22

ORDER RE Joint Stipulation of the Parties for Dismissal with Prejudice of Plaintiff's Anthony Perez and Cecilia Perez from the First Federal Claim for Excessive Force and from all State Claims signed by District Judge Anthony W. Ishii on 03/01/2018. (Flores, E)

1 Mildred K. O'Linn (State Bar No. 159055)
Tony M. Sain (State Bar No. 251626)
2 Lynn Carpenter (State Bar No. 310011)
MANNING & KASS
3 ELLROD, RAMIREZ, TRESTER LLP
th

801 S. Figueroa St, 15 Floor
4 Los Angeles, California 90017-3012
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Defendant, City of Fresno
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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11 ANTHONY PEREZ, individually,
CECILIA PEREZ, individually,
12 TERRALEE PEREZ, individually and
as successor in interest to Joseph Perez,
13 JOSEPH PEREZ, JR., individually and
as successor in interest to Joseph Perez,
14 and X.P., a minor, by and through his
Guardian ad Litem, MICHELLE
15 PEREZ, individually and as successor
in interest to Joseph Perez,
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Plaintiffs,
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v.
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CITY OF FRESNO, COUNTY OF
19 FRESNO, JAMES ROSSETTI, an
individual, SEAN CALVERT, an
20 individual, CHRIS MARTINEZ, an
individual, BRAITHAN
21 STOLTENBERG, an individual,
ROBERT MCEWEN, an individual,
22 KARLSON MANASAN, an individual,
JIMMY ROBNETT, an individual, and
23 DOES 1-10, inclusive,
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Case No. 1:18-cv-00127-AWI-EPG
[Hon. Anthony W. Ishii]
ORDER RE JOINT STIPULATION
OF THE PARTIES FOR
DISMISSAL WITH PREJUDICE OF
PLAINTIFFS ANTHONY PEREZ
AND CECILIA PEREZ FROM THE
FIRST FEDERAL CLAIM FOR
EXCESSIVE FORCE AND FROM
ALL STATE CLAIMS

Defendants.

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Complaint filed: 1/23/18
Trial Date: N/A

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Pursuant to the Joint Stipulation of the parties, IT IS HEREBY ORDERED:

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1)

Plaintiffs ANTHONY PEREZ and CECILIA PEREZ, the parents of the

3 decedent Joseph Perez, shall be dismissed from the first federal claim for excessive
4 force under the Fourth Amendment (42 U.S.C. §1983) with prejudice;
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2)

Plaintiffs ANTHONY PEREZ and CECILIA PEREZ, the parents of the

6 decedent Joseph Perez, shall be dismissed from all state claims, which includes the
7 fourth state claim for violation of the Bane Act; the fifth state claim for battery
8 (wrongful death); and the sixth state claim for negligence (wrongful death) with
9 prejudice.
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11 IT IS SO ORDERED.
12 Dated: March 1, 2018
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SENIOR DISTRICT JUDGE

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