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

Filing 75

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 4/1/2022 DISMISSING Defendant Stanislaus County Office of the District Attorney, the "official capacity" claims against Defendants Birgit Fladager and Kirk Bunch, and the por tion of Plaintiffs' 2nd Cause of Action based on the 14th Amendment. Plaintiffs' 2nd Cause of Action for 4th Amendment unreasonable seizure is DISMISSED against Defendant Birgit Fladager only. Plaintiffs' 5th Cause of Action for false arrest and imprisonment is DISMISSED against Defendant Birgit Fladager only. Plaintiffs' 6th Cause of Action for negligent infliction of emotional distress is DISMISSED against Defendant Birgit Fladager only. Plaintiffs' 7th Cause of Action for intentional infliction of emotional distress is DISMISSED against Defendant Birgit Fladager only. (Huang, H)

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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]

Facsimile: 415.268-7522
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,

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

Case No. 1:20-cv-00770-TLN-JDP
Honorable Troy L. Nunley
JOINT STIPULATION AND
ORDER DISMISSING CERTAIN
CLAIMS AGAINST
COUNTY DEFENDANTS

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JOINT STIPULATION AND ORDER DISMISSING CERTAIN CLAIMS AGAINST COUNTY DEFENDANTS
CASE NO. 1:20-CV-00770-TLN-JDP

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Defendants COUNTY OF STANISLAUS; STANISLAUS COUNTY OFFICE OF THE

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DISTRICT ATTORNEY; BIRGIT FLADAGER; KIRK BUNCH; STEVE JACOBSON; and

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CORY BROWN (“County Defendants”) and Plaintiffs WALTER WELLS; and SCOTT

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MCFARLANE (“Plaintiffs”) through their respective counsel, hereby agree and stipulate as

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follows:

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1.

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January 10, 2022;

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2.

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WHEREAS the County Defendants served Plaintiffs with a motion to dismiss on

WHEREAS Plaintiffs’ counsel and the County Defendants’ counsel have

conferred in good faith to narrow their disputes;
3.

Plaintiffs and the County Defendants stipulate and agree to dismissal of one of

the County Defendants, and certain claims (or portions thereof) as follows:

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4.

Defendant Stanislaus County Office of the District Attorney is dismissed.

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5.

The “official capacity” claims against Defendant Birgit Fladager and Kirk Bunch

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are dismissed.
6.

Plaintiffs’ Fourteenth Amendment claim (in the Second Cause of Action) is

dismissed.
7.

Plaintiffs’ Second Cause of Action for Fourth Amendment unreasonable seizure

is dismissed against Defendant Birgit Fladager only.
8.

Plaintiffs’ Fifth Cause of Action for false arrest and imprisonment is dismissed

against Defendant Birgit Fladager only.
9.

Plaintiffs’ Sixth Cause of Action for negligent infliction of emotional distress is

dismissed against Defendant Birgit Fladager only.
10.

Plaintiffs’ Seventh Cause of Action for intentional infliction of emotional distress

is dismissed against Defendant Birgit Fladager only.

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JOINT STIPULATION AND ORDER DISMISSING CERTAIN CLAIMS AGAINST COUNTY DEFENDANTS
CASE NO. 1:20-CV-00770-TLN-JDP

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Dated: March 31, 2022

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ARTURO J. GONZÁLEZ
JESSICA L. GRANT
MATTHEW A. CHIVVIS
ROBERT S. SANDOVAL
MEREDITH L. ANGUEIRA
MORRISON & FOERSTER LLP

By:

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/s/ Arturo J. González
Arturo J. González

Attorneys for Plaintiffs
WALTER W. WELLS and SCOTT
MCFARLANE

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Dated: March 31, 2022

PORTER SCOTT
A PROFESSIONAL CORPORATION
By: */s/ John R. Whitefleet
John R. Whitefleet
Attorneys for Defendants
COUNTY OF STANISLAUS, STANISLAUS
COUNTY OFFICE OF THE DISTRICT
ATTORNEY, BIRGIT FLADAGER, KIRK
BUNCH, STEVE JACOBSON, and CORY
BROWN

* Parties have consented to use of their electronic signature.

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JOINT STIPULATION AND ORDER DISMISSING CERTAIN CLAIMS AGAINST COUNTY DEFENDANTS
CASE NO. 1:20-CV-00770-TLN-JDP

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ORDER
Pursuant to the stipulation of the parties:
1. Defendant Stanislaus County Office of the District Attorney is
dismissed.
2. The “official capacity” claims against Defendants Birgit Fladager and
Kirk Bunch are dismissed.
3. The portion of Plaintiffs’ Second Cause of Action based on the
Fourteenth Amendment is dismissed.
4. Plaintiffs’ Second Cause of Action for Fourth Amendment unreasonable
seizure is dismissed against Defendant Birgit Fladager only.
5. Plaintiffs’ Fifth Cause of Action for false arrest and imprisonment is
dismissed against Defendant Birgit Fladager only.
6. Plaintiffs’ Sixth Cause of Action for negligent infliction of emotional

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distress is dismissed against Defendant Birgit Fladager only.

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7. Plaintiffs’ Seventh Cause of Action for intentional infliction of

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emotional distress is dismissed against Defendant Birgit Fladager only.

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IT IS SO ORDERED.

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Dated: April 1, 2022

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Troy L. Nunley
United States District Judge

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JOINT STIPULATION AND ORDER DISMISSING CERTAIN CLAIMS AGAINST COUNTY DEFENDANTS
CASE NO. 1:20-CV-00770-TLN-JDP