Raymond v. Martin

Filing 62

ORDER GRANTING 60 Stipulated Dismissal as to the County of Kern, signed by Magistrate Judge Jennifer L. Thurston on 11/13/2019. (Hall, S)

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MARGO A. RAISON, COUNTY COUNSEL
By: Kathleen Rivera, Deputy (SBN 211606)
Kern County Administrative Center
1115 Truxtun Avenue, Fourth Floor
Bakersfield, CA 93301
Telephone [phone]
Fax [phone]
Attorneys for County of Kern

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES RAYMOND,

) Case No.: 1:18-CV-00307 DAD JLT
)
Plaintiff,
)
v.
) STIPULATED DISMISSAL
)
WARREN MARTIN,
)
)
Defendant.
)
____________________________________ ) Case No.: 1:18-cv-01526 DAD-JLT
)
INGRID CRAWFORD SMITH, et al.,
)
)
Plaintiffs,
)
v.
)
)
CITY OF BAKERSFIELD, KERN
)
COUNTY, et al.,
)
)
Defendants.
Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, the parties to this action,
through their respective attorneys of record, stipulate as follows:
1) On March 5, 2018, plaintiff James Raymond, in pro per, filed a complaint regarding
the death of his son Augustus Joshua Crawford, naming defendants Bakersfield Police officer
Warren Martin. (Case number 1:18-cv-00307 DAD-JLT).

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Stipulated Dismissal, 1:18-CV-00307 DAD JLT

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2) On November 5, 2018, Plaintiffs Ingrid Crawford Smith and A.C filed a complaint

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regarding the death of Augustus Joshua Crawford, through their attorney George G. Mgdesyan,

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naming the City of Bakersfield, Bakersfield Police Department, Bakersfield Police Chief Lyle

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Martin, Bakersfield Police Officer Warren Martin, and Kern County. (Case number 1:18-cv-

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01526 DAD-JLT).

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3)

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On March 14, 2019, the above two cases were consolidated, with the case

number of the earlier filed case as the new case number: 1:18-cv-00307 DAD-JLT.
4)

On September 16, 2019, Plaintiff A.J.C filed a complaint regarding the death of

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Augustus Joshua Crawford, through his/her attorney George G. Mgdesyan, naming the City of

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Bakersfield and the Bakersfield Police Department. (Case number 1:19-cv-01302 DAD-JLT).

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5)

On September 24, 2019, this court issued an Order to Show Cause regarding

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why the latest filed case, 1:19-cv-01302 DAD-JLT, should not be consolidated with the prior

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now consolidated cases. As of today’s date, an order to consolidate has not been issued.

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6)

James Raymond, in pro per, and the remaining parties through their respective

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counsel now STIPULATE that defendant Kern County is not a proper party to this lawsuit, and

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therefore Kern County is DISMISSED as a defendant with prejudice from the lead case: 1:18-

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cv-00307 DAD-JLT.

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Dated: November 7, 2019

MARGO A. RAISON, COUNTY COUNSEL

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By:

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Dated: October 31, 2019

/s/
Kathleen Rivera, Deputy
Attorneys for County of Kern

MGDESYAN LAW FIRM

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By:

/s/ *
George G. Mgdesyan, Esq.
Attorneys for Ingrid Crawford Smith and
A.C. and A.J.C
*Permission to sign electronically granted by email 10/31/19
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____________________________________________________________________________________________
Stipulated Dismissal, 1:18-CV-00307 DAD JLT

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Dated: October ___, 2019

JAMES RAYMOND

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By:
James Raymond, Plaintiff

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Dated: October ___, 2019

MARDEROSIAN & COHEN

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By:

/s/ **
Heather S. Cohen, Esq.
Attorneys for City of Bakersfield, et al.

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** Permission to sign electronically granted by email 11/7/19/

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ORDER
The parties have stipulated to dismiss the action as to the County of Kern with each side to bear

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their own fees and costs. (Doc. 60) The stipulation relies upon Fed.R.Civ.P. 41, which permits the

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plaintiff to dismiss an action without a court order “by filing . . . a stipulation of dismissal signed by all

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parties who have appeared.” Fed. R. Civ. P. 41(a)(1)(A)(ii). Because all parties who have appeared in

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the action signed the stipulation (Doc. 79), it “automatically terminate[d] the action.” Wilson v. City of

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San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Accordingly, the Clerk of Court is DIRECTED to close

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this action as to the County of Kern.

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IT IS SO ORDERED.
Dated:

November 13, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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Stipulated Dismissal, 1:18-CV-00307 DAD JLT