Mansourian, et al v. Regents Davis, et al

Filing 465

STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 11/5/2010re 464 ORDERING that Plaintiffs' claims against defendant Lawrence Swanson in this action are dismissed in their entirety, with prejudice. Defendant Larry Swanson shall no t seek attorneys' fees, costs or any other relief against Plaintiffs, on their own or through counsel, based upon the filing or prosecution of this action by them. Defendant agrees that neither he nor anyone on his behalf will pursue any claim a gainst Plaintiffs or their counsel for their prosecution of this action against him, including a malicious prosecution claim. Defendant Larry Swanson will withdraw his Motion for Summary Judgment currently set for hearing on December 3, 2010. Each of the parties to bear their own costs.(Duong, D)

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Mansourian, et al v. Regents Davis, et al Doc. 465 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Sturdevant, SBN 94551 (jsturdevant@sturdevantlaw.com) Whitney Huston, SBN 234863 (whuston@sturdevantlaw.com) THE STURDEVANT LAW FIRM A Professional Corporation 354 Pine Street, Fourth Floor San Francisco, CA 94104 Telephone:(415) 477-2410 Facsimile: (415) 477-2420 Noreen Farrell, SBN 191600 (nfarrell@equalrights.org) Jora Trang, SBN 218059 (jtrang@equalrights.org) EQUAL RIGHTS ADVOCATES 180 Howard Street, Suite 300 San Francisco, CA 94105 Telephone:(415) 621-0672 Facsimile: (415) 621-6744 Monique Olivier, SBN 190385 (monique@dplolaw.com) DUCKWORTH PETERS LEBOWITZ OLIVIER LLP 235 Montgomery St., Suite 1010 San Francisco, CA 94104 Telephone: (415) 433-0333 Facsimile: (415) 449-6556 Kristen Galles, SBN 148740 (kgalles@comcast.net) EQUITY LEGAL 10 Rosecrest Avenue Alexandria, VA 22301 Telephone:(703) 683-4491 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA [Sacramento Division] AREZOU MANSOURIAN; LAUREN MANCUSO; and CHRISTINE WING-SI NG, Plaintiffs, vs. REGENTS OF THE UNIVERSITY OF CALIFORNIA, et al. Defendants. Complaint filed: Trial date: December 18, 2003 April 26, 2011 CASE NO. S-03-2591 FCD EFB STIPULATION AND ORDER RE DISMISSAL OF LAWRENCE "LARRY" SWANSON ONLY STIPULATION AND ORDER RE DISMISSAL OF LAWRENCE ("LARRY") SWANSON CASE NO. S-03-2591 FCD EFB Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS the original Complaint in this action was filed on December 18, 2003. (Dkt. 1.) WHEREAS Lawrence ("Larry") Swanson ("Larry Swanson") was named as an individual Defendant in the Complaint. (Id.) WHEREAS the parties share a mutual desire to resolve claims against individual Defendant Larry Swanson in this action by the dismissal of those claims, in their entirety, and by the waiver of any right to costs or other relief that Defendants might seek from Plaintiffs arising out of the filing or prosecution of this action against Larry Swanson by them; NOW, THEREFORE, Plaintiffs and Defendants, through their respective counsel, subject to the approval of this Court, hereby stipulate that: 1. Plaintiffs claims against defendant Larry Swanson in this action shall be dismissed in their entirety, with prejudice; 3. Defendant Larry Swanson shall not seek attorneys' fees, costs or any other relief against Plaintiffs, on their own or through counsel, based upon the filing or prosecution of this action by them. Defendant agrees that neither he nor anyone on his behalf will pursue any claim against Plaintiffs or their counsel for their prosecution of this action against him, including a malicious prosecution claim. 4. Defendant Larry Swanson will withdraw his Motion for Summary Judgment currently set for hearing on December 3, 2010. DATED: November 5, 2010 Respectfully submitted, THE STURDEVANT LAW FIRM A Professional Corporation EQUAL RIGHTS ADVOCATES DUCKWORTH PETERS LEBOWITZ OLIVIER LLP EQUITY LEGAL By: /s/ Whitney Huston Whitney Huston Attorneys for Plaintiffs 1 STIPULATION AND ORDER RE DISMISSAL OF LAWRENCE ("LARRY") SWANSON CASE NO. S-03-2591 FCD EFB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: November 5, 2010 PORTER SCOTT By: /s/ Nancy J. Sheehan Nancy J. Sheehan (SBN 109419) Attorneys for Defendants 350 University Ave., Suite 200 Sacramento, CA 95825 ATTESTATION UNDER GENERAL ORDER 45 I, Whitney Huston, attest that the concurrence in the filing of the document has been obtained from each of the other signatories, which shall serve in lieu of their respective signatures. /s/ Whitney Huston Whitney Huston 2 STIPULATION AND ORDER RE DISMISSAL OF LAWRENCE ("LARRY") SWANSON CASE NO. S-03-2591 FCD EFB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 3. 2. ORDER Pursuant to the Stipulation of Dismissal filed herewith, this Court hereby ORDERS the following: 1. Plaintiffs claims against defendant Lawrence Swanson in this action are dismissed in their entirety, with prejudice. Defendant Larry Swanson shall not seek attorneys' fees, costs or any other relief against Plaintiffs, on their own or through counsel, based upon the filing or prosecution of this action by them. Defendant agrees that neither he nor anyone on his behalf will pursue any claim against Plaintiffs or their counsel for their prosecution of this action against him, including a malicious prosecution claim. Defendant Larry Swanson will withdraw his Motion for Summary Judgment currently set for hearing on December 3, 2010. Each of the parties to bear their own costs. IT IS SO ORDERED. DATED: November 5, 2010 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 3 STIPULATION AND ORDER RE DISMISSAL OF LAWRENCE ("LARRY") SWANSON CASE NO. S-03-2591 FCD EFB

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