Hagwood v. Kern County et al

Filing 62

STIPULATION and ORDER regarding withdrawal of certain causes of actions and claims 61 signed by Magistrate Judge Jennifer L. Thurston on 9/9/2020. (Lundstrom, T)

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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 Defendants, County of Kern
(Erroneously sued and served as Kern County),
Nick Evans, and Todd Newell
MICHAEL S. CARRILLO (SBN 258878)
Carrillo Law Firm, LLP
1499 Huntington Drive, Suite 402
South Pasadena, CA 91030
Telephone [phone]
Fax [phone]

DALE K. GALIPO (SBN 144074)
Law Offices of Dale K. Galipo
21800 Burbank Boulevard, Suite 310
Woodland Hills, CA 91367
Telephone [phone]
Fax [phone]

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Attorneys for Plaintiffs, Rhonda Hagwood
And Doug Lovett

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
RHONDA HAGWOOD, DOUG LOVETT )
)
Plaintiff,
)
v.
)
)
KERN COUNTY, a California municipal )
entity; NICK EVANS, an individual;
)
TODD NEWELL, and individual; and
)
DOES 1 THROUGH 10, Inclusive.
)
)
Defendants.
)
)
)

Case No.: 1:18-CV-01092 JLT

STIPULATION AND [PROPOSED]
ORDER REGARDING WITHDRAWAL
OF CERTAIN CAUSES OF ACTIONS
AND CLAIMS
(Doc. 61)

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__________________________________________________________________________________
Stipulation and Proposed Order Regarding Withdrawal of Certain Causes of Action and Claims
1:18-CV-01092 JLT

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TO THE HONORABLE COURT:

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WHEREAS the parties have met and conferred for the purpose of determining whether

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issues can be resolved without the necessity of the filing of a motion for summary judgment

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and/or adjudication, as required by the Court’s Scheduling Order in this matter (Doc. No. 15).

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IT IS HEREBY STIPULATED BY AND BETWEEN PLAINTIFFS, RHONDA

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HAGODD AND DOUG LOVETT, and DEFENDANTS, COUNTY OF KERN, TODD

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NEWELL and NICK EVANS, by and through their respective attorneys of record:

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1) That Defendants agree to not file a motion for summary judgment and/or

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adjudication in this case ; AND

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2) that Plaintiffs agree that the following claims against the COUNTY OF KERN,

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TODD NEWELL and NICK EVANS be dismissed from this action, with prejudice,

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each side to bear their own costs:

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to the extent said claims are based upon the alleged acts or omissions of the Kern

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County Sheriff’s office and/or Kern County Sheriff employees, in this case be dismissed

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from this action, each side to bear their own costs:

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1.

As to the First Cause of Action of Plaintiff’s First Amended Complaint, all

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claims which allege that Todd Newell and/or Nick Evans were negligent in failing to provide

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and/or summon prompt medical care to Nicholas Lovett, and all claims which alleged the

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County of Kern failed to properly train and supervise employees are DISMISSED.

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2.

As to the Third Cause of Action of Plaintiff’s First Amended Complaint, all §

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1983 claims against all defendants contained therein pursuant to the Eighth Amendment of the

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U.S. Constitution are DISMISSED.

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3.

As to the Fourth Cause of Action of Plaintiff’s First Amended Complaint, for

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municipal liability against the County of Kern for an alleged failure to train, this cause of

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action is DISMISSED in its entirety.

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4.

As to the Fifth Cause of Action of Plaintiff’s First Amended Complaint, for

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municipal liability against the County of Kern for an alleged unconstitutional custom or policy,

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this cause of action is DISMISSED in its entirety.
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Stipulation and Proposed Order Regarding Withdrawal of Certain Causes of Action and Claims
1:18-CV-01092 JLT

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5.

The remaining claims against the COUNTY OF KERN, NICK EVANS, and

TODD NEWELL are not affected by this stipulation and remain intact.

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Respectfully submitted,
DATED: September 4, 2020

LAW OFFICES OF DALE GALIPO

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_/s/ Dale K. Galipo___________
By: Dale K. Galipo
Ranhee Lee
Attorneys for Plaintiffs

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DATED: September 4, 2020

CARRILLO LAW FIRM, LLP

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_/s/ Michael S. Carrillo ________
By: Michael S. Carrillo
Attorneys for Plaintiffs

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DATED: September 4, 2020

MARGO A. RAISON, COUNTY COUNSEL
_/s/ Kathleen Rivera___________
By: Kathleen Rivera
Attorneys for Defendants

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IT IS SO ORDERED.

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Dated:

September 9, 2020

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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Stipulation and Proposed Order Regarding Withdrawal of Certain Causes of Action and Claims
1:18-CV-01092 JLT