Walter W. Wells et al v. County of Stanislaus et al

Filing 58

ORDER signed by District Judge Troy L. Nunley on 10/21/2021 DISMISSING without prejudice Dale Lingerfelt. Each party to this Stipulation agrees to bear responsibility for his own attorney's fees and costs incurred in this lawsuit.(Reader, L)

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ARTURO J. GONZÁLEZ (CA SBN 121490)
[e-mail]
JESSICA L. GRANT (CA SBN 178138)
[e-mail]
MATTHEW A. CHIVVIS (CA SBN 251325)
[e-mail]
ROBERT S. SANDOVAL (CA SBN 311032)
[e-mail]
MEREDITH L. ANGUEIRA (CA SBN 333222)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Attorneys for Plaintiffs
WALTER W. WELLS and SCOTT McFARLANE

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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WALTER W. WELLS and SCOTT
MCFARLANE

Case No. 1:20-cv-00770-TLN-BAM
(The Hon. Troy L. Nunley)

Plaintiffs,
v.
COUNTY OF STANISLAUS; CITY OF
MODESTO; CITY OF CERES; STANISLAUS
COUNTY OFFICE OF THE DISTRICT
ATTORNEY; KIRK BUNCH; JON EVERS;
DALE LINGERFELT; STEVE JACOBSON;
BIRGIT FLADAGER; and CORY BROWN.

Defendants.

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STIPULATION AND ORDER DISMISSING DEFENDANT DALE LINGERFELT
CASE NO. 1:20-CV-00770-TLN-BAM

STIPULATION AND ORDER
DISMISSING DEFENDANT DALE
LINGERFELT

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Pursuant to Federal Rule of Civil Procedure 41(a)(1), Plaintiffs Walter W. Wells and Scott

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McFarlane (“Plaintiffs”) and Defendant Dale Lingerfelt (“Defendant Lingerfelt”), through their

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respective counsel hereby agree and stipulate to the following:

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1.

Defendant Lingerfelt shall be dismissed from this lawsuit without prejudice;

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2.

Defendant Lingerfelt agrees that his attorney, John Whitefleet, is authorized to

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accept service of a deposition or trial subpoena on his behalf;
3.

Plaintiffs and Defendant Lingerfelt mutually agree to forever waive, discharge,

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and release any and all claims that each may have against the other or the other’s

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legal counsel arising out of the allegation set forth in this lawsuit; and

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4.

Each party to this Stipulation agrees to bear responsibility for his own attorney’s

fees and costs incurred in this lawsuit.

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STIPULATION AND ORDER DISMISSING DEFENDANT DALE LINGERFELT
CASE NO. 1:20-CV-00770-TLN-BAM

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Dated:

October 21, 2021

MORRISON & FOERSTER LLP

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By:
Arturo J. González
Jessica A. Grant
Matthew A. Chivvis
Robert S. Sandoval
Meredith L. Angueira
Attorneys for Plaintiffs
WALTER W. WELLS and SCOTT
McFARLANE

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Dated:

October 21, 2021

PORTER SCOTT, APC

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By:

/s/ John Whitefleet
John Whitefleet
Attorney for Defendants
COUNTY OF STANISLAUS; CITY OF
MODESTO; STANISLAUS COUNTY
OFFICE OF THE DISTRICT ATTORNEY;
KIRK BUNCH; DALE LINGERFELT;
STEVE JACOBSON; BIRGIT
FLADAGER; and CORY BROWN

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STIPULATION AND ORDER DISMISSING DEFENDANT DALE LINGERFELT
CASE NO. 1:20-CV-00770-TLN-BAM

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ATTESTATION OF CONCURRENCE IN THE FILING

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The filer, Arturo J. González, attests that all other signatories listed on whose
behalf this filing is submitted concur in the filing’s content and have authorized the
filing.

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STIPULATION AND ORDER DISMISSING DEFENDANT
CASE NO. 1:20-CV-00770-TLN-BAM

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ORDER
Pursuant to the stipulation of the parties:
1.

Defendant Lingerfelt is dismissed without prejudice;

2.

Defendant Lingerfelt agrees that his attorney, John Whitefleet, is authorized to

accept service of a deposition or trial subpoena on his behalf;
3.

Plaintiffs and Defendant Lingerfelt mutually agree to forever waive, discharge,

and release any and all claims that each may be against the other or the other’s legal counsel
arising out of the allegations set forth in this lawsuit; and
4.

Each party to this Stipulation agrees to bear responsibility for his own attorney’s

fees and costs incurred in this lawsuit.
IT IS SO ORDERED.

Dated: October 21, 2021
Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER DISMISSING DEFENDANT
CASE NO. 1:20-CV-00770-TLN-BAM

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