Campos et al v. Fresno Deputy Sheriff's Association, County of Fresno et al

Filing 88

ORDER Re Stipulation of Dismissal,signed by Magistrate Judge Erica P. Grosjean on 09/19/2022.(Martin-Gill, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 CESAR CAMPOS, et al., 11 12 13 14 15 Case No. 1:18-cv-01660-AWI-EPG Plaintiffs, v. FRESNO DEPUTY SHERIFF’S ASSOCIATION, et al., ORDER RE: STIPULATIONS OF DISMISSAL (ECF No. 86, 87) Defendants. 16 17 This matter is before the Court on two stipulations of dismissal. (ECF Nos. 86, 87). To understand the context of these filings, some brief background information is needed. 18 19 20 21 The last operative complaint in this case, the second amended complaint, proceeded with claims by Plaintiffs Cesar Campos, Latana Chandavong, Neng Her, Hugh Yang, and Nick Vang against Defendants Fresno Deputy Sheriff’s Association and County of Fresno. (ECF No. 56). On April 22, 2021, the presiding District Judge severed claims by Plaintiffs Her and Chandavong 22 against Defendants Fresno Deputy Sheriff’s Association and County of Fresno and transferred 23 them to a new case, 1:21-cv-00675-AWI-EPG. (ECF No. 85, p. 20). The parties were directed to 24 use the newly issued case number for all further filings. (Id.). The District Judge declined to 25 exercise supplemental jurisdiction over the remaining state law claims and directed the Clerk to 26 close the case. (Id.). Since then, in 1:21-cv-00675-AWI-EPG, the parties have reached a 27 settlement with a dispositional document being due by no later than September 16, 2022. (ECF 28 No. 65 of 1:21-cv-00675-AWI-EPG). 1 1 As for the stipulations of dismissal, the first states that the parties have settled all “of the 2 claims in this case as well as the claims in Chandavong v. Fresno Deputy Sheriff’s Association, 3 No. 1:21-cv-00675-AWI-EPG, and the parties stipulate to a dismissal with prejudice of all of the 4 plaintiffs’ claims.” (ECF No. 86, p. 2). Although the instant case has already been closed, the 5 Court acknowledges the parties’ memorialization of the dismissal of this case with prejudice. See 6 7 8 9 Fed. R. Civ. P. 41(a)(1)(A)(ii). The second stipulation of dismissal states that the parties “have reached a full settlement of the claims in this case [meaning 1:21-cv-00675-AWI-EPG] as well as the claims in Campos v. Fresno Deputy Sheriff’s Association, No. 1:18-cv-01660-AWI-EPG, and the parties stipulate to a dismissal with prejudice of all of the plaintiffs’ claims.” (ECF No. 87). The Court notes that this 10 stipulation of dismissal was filed in the wrong case, 1:18-cv-01660-AWI-EPG. However, the 11 12 13 Court will direct the Clerk to file the stipulation in the correct case, 1:21-cv-00675-AWI-EPG, and then address it after it is filed. Accordingly, IT IS ORDERED as follows: 14 1. The Court acknowledges the parties’ stipulation of dismissal with prejudice (ECF No. 86) 15 of all of Plaintiffs’ claims in the instant case, 1:18-cv-01660-AWI-EPG, and this case 16 remains closed. 17 2. The Clerk of Court is directed to file the parties’ second stipulation of dismissal (ECF No. 18 87) in the correct case, 1:21-cv-00675-AWI-EPG. After it is filed, the Court will address it 19 within that case. 20 21 22 23 IT IS SO ORDERED. Dated: September 19, 2022 /s/ UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 2

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