Chappell v. Pliler, et al

Filing 136

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 11/7/18 DISMISSING Plaintiff's Eighth Amendment claim related to denial of adequate food, with each party to bear its own attorney's fees and costs. The case shall proceed solely on Plaintiff's Eighth Amendment claim regarding denial of outdoor exercise. (Mena-Sanchez, L)

Matthew Strugar, SBN 232951
Law Office of Matthew Strugar
3435 Wilshire Blvd., Suite 2910
Los Angeles, CA 90010
323-696-2299
[e-mail]
Attorney for Plaintiff Rex Chappell
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION
Rex Chappell,

2:04-cv-1183 TLN DB P
Plaintiff,
Stipulation and Order to Dismiss
Plaintiff’s Claim Related to Denial of
Adequate Food

v.
C.K. Pliler, et al.,
Defendants.

On January 23, 2017, Magistrate Judge Barnes issued a Report and
Recommendation, Dkt. # 102, recommending the Defendants be granted summary
judgment as to a number of the Plaintiff’s claims and that “[t]he case proceed
solely on plaintiff’s Eighth Amendment claims regarding denial of outdoor
exercise and adequate food.” Id. at 39.
On March 1, 2017, this Court adopted the report and recommendation, Dkt.
# 103, and ordered that “[t]he case shall proceed solely on Plaintiff’s Eighth
Amendment claims regarding denial of outdoor exercise and adequate food.” Id. at
2.

1

Plaintiff seeks to proceed solely on his Eighth Amendment claim related to
denial of outdoor exercise and to dismiss his Eighth Amendment claim related to
denial of adequate food.
Therefore, the parties stipulate and seek an order of the Court dismissing
Plaintiff’s Eighth Amendment claim related to denial of adequate food, with each
party to bear its own attorney’s fees and costs.
It is so stipulated.
Dated:

November 7, 2018

By:___s/ Matthew Strugar_________
Matthew Strugar
Attorney for Plaintiff

Dated:

November 7, 2018

By:__ s/ Kelli M. Hammond________
Kelli M. Hammond
Attorney for Defendants

Order
Pursuant to stipulation, IT IS HEREBY ORDERED that Plaintiff’s Eighth
Amendment claim related to denial of adequate food is dismissed, with each party
to bear its own attorney’s fees and costs. The case shall proceed solely on
Plaintiff’s Eighth Amendment claim regarding denial of outdoor exercise.

Dated: November 7, 2018

Troy L. Nunley
United States District Judge

2