Estate of Matthew McEvers et al v. County of Sacramento et al

Filing 133

AMENDED STIPULATION for Dismissal with Prejudice and AMENDED ORDER signed by Judge Larry R Hicks on 5/19/10 ORDERING this action DISMISSED, with prejudice, only as to the claims of pltf Harry McEvers, individually and appearing pro se, against dfts County of Sacramento, Sheriff Lou Blanas, Capt. Mark Iwasa and Angela Eisentrout; each party to bear his, her or its own costs and attorneys' fees; the orders signed by this court in these cases on 4/23/10 are VACATED. (Carlos, K)

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VAN LONGYEAR, CSB No. 84189 JENNIFER MARQUEZ, CSB No. 232194 Longyear, O'Dea and Lavra, LLP 3620 American River Drive, Suite 230 Sacramento, CA. 95864 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants, County of Sacramento, Sheriff Lou Blanas, Captain Mark Iwasa

UNITED STATES DISTRICT COURT EASTERN DISTRICT
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OF CALIFORNIA SACRAMENTO DIVISION
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3620 American River Drive, Suite 230 S a c r a m e n t o , CA 95864-5923 T e l e p h o n e [phone] / Facsimile [phone]

Estate of MATTHEW McEVERS, et al.
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LONGYEAR, O'DEA & LAVRA, LLP

Plaintiff
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v.
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A tto rn e y s a t L a w

COUNTY OF SACRAMENTO, et al.
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Defendants.
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_____________________________________
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) ) ) ) ) ) ) ) ) ) ) ) )

CASE NO. 2:06-CV-02161 LRH (RAM) [Consolidated with 2:06-cv-02864] AMENDED STIPULATION FOR DISMISSAL WITH PREJUDICE AMENDED [PROPOSED] ORDER

COMES NOW, Plaintiff, Harry McEvers, Individually, and appearing pro se (Plaintiff) and Defendants, County of Sacramento, Sheriff Lou Blanas, Captain Mark Iwasa (erroneously sued herein as the Sacramento County Sheriff's Department) and Angela Eisentrout, through their counsel, stipulate that this matter may be dismissed with prejudice pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, of any and all claims, in consideration of settlement payment from the County of Sacramento to Plaintiff for amount satisfactory to Plaintiff.

Amended Stipulation for Dismissal with Prejudice and Amended [Proposed] Order P age 1

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3620 American River Drive, Suite 230 S a c r a m e n t o , CA 95864-5923 T e l e p h o n e [phone] / Facsimile [phone]

Each party to bear his, her or its own costs and attorneys' fees, including any entitlement to fees or costs pursuant to 42 U.S.C. Section 1988. The parties therefore stipulate that this matter may be dismissed in its entirety with prejudice.

Dated: May 12, 2010 By: /s/ Harry McEvers HARRY McEVERS Plaintiff, Propria Persona

Dated: May 12, 2010

LONGYEAR, O'DEA & LAVRA, LLP By: /s/ Van Longyear

LONGYEAR, O'DEA & LAVRA, LLP

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A tto rn e y s a t L a w

VAN LONGYEAR Attorneys for Defendants, County of Sacramento, Sheriff Lou Blanas, Captain Mark Iwasa

Dated: May 12, 2010

MORENO & RIVERA By: /s/ Jesse M. Rivera

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JESSE M. RIVERA Attorneys for Defendant Angela Eisentrout

A m e n d e d Stipulation for Dismissal with Prejudice and Amended [Proposed] Order P age 2

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3620 American River Drive, Suite 230 S a c r a m e n t o , CA 95864-5923 T e l e p h o n e [phone] / Facsimile [phone]

CASE NO. 2:06-CV-02161 LRH (RAM) [Consolidated with 2:06-cv-02864] AMENDED ORDER REGARDING DISMISSAL

IT IS SO ORDERED. This action is dismissed, with prejudice, only as to the claims of Plaintiff, Harry McEvers, Individually, and appearing pro se, against Defendants, County of Sacramento, Sheriff Lou Blanas, Captain Mark Iwasa (erroneously sued herein as the Sacramento County Sheriff's Department) and Angela Eisentrout. Each party to bear his, her or its own costs and attorneys' fees. The orders signed by this court in these cases on April 23, 2010 are VACATED.

LONGYEAR, O'DEA & LAVRA, LLP

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A tto rn e y s a t L a w

Dated: May 19, 2010

_____________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE

A m e n d e d Stipulation for Dismissal with Prejudice and Amended [Proposed] Order P age 3