Murrietta-Golding et al v. City of Fresno et al

Filing 89

ORDER re Stipulation for Partial Dismissal signed by District Judge Anthony W. Ishii on 11/13/2020. Jerry Dyer terminated. (Jessen, A)

Download PDF
1 2 3 4 5 6 7 MICHAEL J. HADDAD (State Bar No. 189114) JULIA SHERWIN (State Bar No. 189268) TERESA ALLEN (State Bar No. 264865) HADDAD & SHERWIN LLP 505 Seventeenth Street Oakland, California 94612 Telephone: (510) 452-5500 Facsimile: (510) 452-5510 Attorneys for Plaintiff Christina Pauline Lopez 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 13 14 ISIAH MURRIETTA-GOLDING, Deceased, THROUGH HIS SUCCESSOR IN INTEREST CHRISTINA PAULINE LOPEZ; and CHRISTINA PAULINE LOPEZ, Individually, et al. Plaintiffs, 15 16 vs. 19 CITY OF FRESNO, a public entity, CITY OF FRESNO POLICE CHIEF JERRY DYER, SERGEANT RAY VILLALVAZO, individually, and DOES 3 through 10, Jointly and Severally, 20 Defendants. 17 18 21 22 23 24 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No: 1:18-cv-00314-AWI-SKO STIPULATION AND (PROPOSED) ORDER FOR PARTIAL DISMISSAL 25 26 27 28 No: 1:18-cv-00314-AWI-SKO: Stipulation and Proposed Order for Partial Dismissal 1 1 2 All parties, by and through their respective counsel of record, hereby stipulate and agree to the partial dismissal of this case as follows: 3 1. All claims against former Fresno Chief of Police Jerry Dyer are hereby dismissed from 4 this matter with prejudice, with all parties to bear their own costs and attorneys’ fees 5 incurred as a result of these claims; 6 2. Plaintiff’s federal municipal liability (Monell) claim against the City of Fresno is hereby 7 dismissed from this matter with prejudice, with all parties to bear their own costs and 8 attorneys’ fees incurred as a result of this claim. 9 10 11 12 Plaintiffs’ state law claims against Defendant City of Fresno shall proceed. All remaining claims against Defendant Villalvazo in this matter shall proceed. This partial dismissal will save the parties’ and Court’s resources by eliminating the need for motion practice and/or pretrial preparation as to the agreed dismissed claims. 13 14 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 15 16 17 DATED: November 13, 2020 18 HADDAD & SHERWIN LLP /s/ Teresa Allen 19 TERESA ALLEN Attorneys for Plaintiff 20 21 22 23 DATED: November 13, 2020 MANNING & KASS ELLROD, RAMIREZ, TRESTER LLP 24 25 26 /s/ Scott WM. Davenport SCOTT WM. DAVENPORT Attorney for Defendants 27 28 No: 1:18-cv-00314-AWI-SKO: Stipulation and Proposed Order for Partial Dismissal 2 1 2 3 (PROPOSED) ORDER PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING, 4 5 6 7 IT IS SO ORDERED. Dated: November 13, 2020 SENIOR DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 No: 1:18-cv-00314-AWI-SKO: Stipulation and Proposed Order for Partial Dismissal 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?