Deocampo, et al. v. City of Vallejo, et al.

Filing 83

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 5/9/2013 DISMISSING, with prejudice, Plaintiffs due process claims under the Fifth Amendment in Plaintiffs First Cause of Action; DISMISSING, with prejudice, Plaintiffs excessive force claims under the Fifth and Fourteenth Amendments in Plaintiffs First Cause of Action; DISMISSING, with prejudice, Plaintiffs claims for violation of privacy under the Ninth Amendment in Plaintiffs First Cause of Action; DISMISSING, with prejudice, Pl aintiffs claims for violation of Equal Protection under the Fourteenth Amendment in Plaintiffs First Cause of Action; DISMISSING, with prejudice, Plaintiffs claims for negligent infliction of emotional distress in Plaintiffs Sixth Cause of Action; ORDERING that each party bear their own fees and costs in relation to these dismissed claims.(Michel, G)

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JAMES V. FITZGERALD, III (State Bar No. 55632)
NOAH G. BLECHMAN (State Bar No. 197167)
MCNAMARA, NEY, BEATTY, SLATTERY,
BORGES & AMBACHER LLP
1211 Newell Avenue
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
JASON POTTS, JEREMY PATZER and ERIC JENSEN

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UNITED STATES DISTRICT COURT

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ATTORNEYS AT LAW
1211 NEWELL AVENUE, WALNUT CREEK, CA 94596
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

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EASTERN DISTRICT OF CALIFORNIA

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JASON EUGENE DEOCAMPO; JESUS
SEBASTIAN GRANT; and JAQUEZS
TYREE BERRY,,

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Case No. 2:06-CV-01283-WBS-CMK
STIPULATION AND [PROPOSED]
ORDER TO DISMISS CERTAIN CLAIMS

Plaintiffs,
Judge: Hon. William B. Schubb

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vs.
Trial Date:

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August 6, 2013

CITY OF VALLEJO, a municipal
corporation; ROBERT NICHELINI, in his
capacity as Chief of Police for the CITY
OF VALLEJO; JASON POTTS,
individually, and in his capacity as a
Vallejo police officer; JEREMY PATZER,
individually, and in his capacity as a
Vallejo police officer; ERIC JENSEN,
individually, and in his capacity as a
Vallejo police officer; and DOES 1 through
25, inclusive ,

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Defendants.

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IT IS HEREBY STIPULATED AND AGREED by and between the parties to this action,

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through their respective counsel of record, and approved by the Court in the accompanying Order,

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that pursuant to Federal Rule of Civil Procedure 41(a)(1), the parties agree as follows:

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1.

Plaintiffs agree to the dismissal, with prejudice, of their due process claims under

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the Fifth Amendment in Plaintiffs’ First Cause of Action in Plaintiffs’ Complaint, filed on April

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7, 2006.
STIPULATION AND ORDER DISMSSING
CLAIMS - 2:06-CV-01283-WBS-CMK

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ATTORNEYS AT LAW
1211 NEWELL AVENUE, WALNUT CREEK, CA 94596
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

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2.

Plaintiffs agree to the dismissal, with prejudice, of their excessive force claims

under the Fifth and Fourteenth Amendments in Plaintiffs’ First Cause of Action in Plaintiffs’
Complaint, filed on April 7, 2006.
3.

Plaintiffs agree to the dismissal, with prejudice, of their alleged claims for

violation of privacy under the Ninth Amendment in Plaintiffs’ First Cause of Action in Plaintiffs’
Complaint, filed on April 7, 2006.
4.

Plaintiffs agree to the dismissal, with prejudice, of their Equal Protection claim

under the Fourteenth Amendment in Plaintiffs’ First Cause of Action in Plaintiffs’ Complaint,
filed on April 7, 2006.
5.

Plaintiffs agree to the dismissal, with prejudice, of their state claim for negligent

infliction of emotional distress in Plaintiffs’ Sixth Cause of Action in Plaintiffs’ Complaint, filed
on April 7, 2006.
6.

The parties agree that each party to bear their own fees and costs in relation to

these dismissed claims and parties.
Respectfully submitted,

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Dated: May 8, 2013

LAW OFFICES OF JOHN L. BURRIS

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LAW OFFICES OF GAYLA B. LIBET
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By:
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/s/ Gayla B. Libet
John L. Burris, Esq.,DeWitt Lacy, Esq., Gayla B. Libet,
Esq.
Attorneys for Plaintiffs

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Dated: May 8, 2013
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MCNAMARA, NEY, BEATTY, SLATTERY,
BORGES & AMBACHER LLP

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By:

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/s/ Noah G. Blechman_
James V. Fitzgerald, III / Noah G. Blechman
Attorneys for Defendants
JASON POTTS, JEREMY PATZER and ERIC
JENSEN

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STIPULATION AND ORDER DISMSSING
CLAIMS - 2:06-CV-01283-WBS-CMK

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ORDER
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ATTORNEYS AT LAW
1211 NEWELL AVENUE, WALNUT CREEK, CA 94596
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

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PURSUANT TO THE FOREGOING STIPULATION, THE COURT ORDERS AS
FOLLOWS:
1.

Plaintiffs’ due process claims under the Fifth Amendment in Plaintiffs’ First Cause

of Action in Plaintiffs’ Complaint, filed on April 7, 2006, are hereby DISMISSED WITH
PREJUDICE.
2.

Plaintiffs’ excessive force claims under the Fifth and Fourteenth Amendments in

Plaintiffs’ First Cause of Action in Plaintiffs’ Complaint, filed on April 7, 2006, are hereby
DISMISSED WITH PREJUDICE.
3.

Plaintiffs’ claims for violation of privacy under the Ninth Amendment in

Plaintiffs’ First Cause of Action in Plaintiffs’ Complaint, filed on April 7, 2006, are hereby
DISMISSED WITH PREJUDICE.
4.

Plaintiffs’ claims for violation of Equal Protection under the Fourteenth

Amendment in Plaintiffs’ First Cause of Action in Plaintiffs’ Complaint, filed on April 7, 2006,
are hereby DISMISSED WITH PREJUDICE.
5.

Plaintiffs’ claims for negligent infliction of emotional distress in Plaintiffs’ Sixth

Cause of Action in Plaintiffs’ Complaint, filed on April 7, 2006, are hereby DISMISSED WITH
PREJUDICE.
6.

Each party bears their own fees and costs in relation to these dismissed claims.

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IT IS SO ORDERED

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Dated: May 9, 2013

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STIPULATION AND ORDER DISMSSING
CLAIMS - 2:06-CV-01283-WBS-CMK

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