McCliss et al v. Department of Veterans Affairs et al

Filing 82

STIPULATION and ORDER 81 , signed by Judge Morrison C. England, Jr., on 1/28/10: Dfts Eric K. Shinseki, Secretary of Verterans Affiars and the USA are DISMISSED with prejudice pursuant to FRCP 41(a). This case remains active against Dft Jimmie Earl Ward. (Kastilahn, A)

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BENJAMIN B. WAGNER United States Attorney TODD A. PICKLES Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Eric K. Shinseki, Secretary of Veterans Affairs, and the United States of America IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

MARJORIE McCLISS and MARK McCLISS, Plaintiffs, v. JIMMIE EARL WARD; ERIC K. SHINSEKI, Secretary of Veterans Affairs; the UNITED STATES OF AMERICA; and DOES 1 through 100, inclusive, Defendants.

CASE NO. 2:07-cv-01154-MCE-KJM STIPULATION OF DISMISSAL OF PLAINTIFFS' CLAIMS AGAINST SECRETARY OF VETERANS AFFAIRS AND UNITED STATES OF AMERICA WITH PREJUDICE; ORDER THERETO [Fed.R.Civ.P. 41(a)]

17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to the terms of a written compromise settlement and release of claims under 28 U.S.C. § 2677 between Plaintiffs Marjorie McCliss and Mark McCliss ("Plaintiffs") and Defendants Eric K. Shinseki, Secretary of Veterans Affairs, and the United States of America ("Federal Defendants"), and pursuant to Rule 41(a) of the Federal Rules of Civil Procedure and Local Rule 16-160 of the U.S. District Court for the Eastern District of California, the Plaintiffs and the Federal Defendants hereby stipulate and respectfully request that the claims for relief by Plaintiffs Marjorie McCliss and Mark McCliss against Defendants Eric K. Shinseki, Secretary of Veterans Affairs, and the United States of America in the above-captioned action be dismissed with prejudice, and that the parties shall bear their own costs and fees. IT IS SO STIPULATED 1

1 2 3 4 By: 5 6 7 8 9 10 11 12 By: DATED: January 26, 2010 DATED: January 26, 2010

Respectfully submitted,

BENJAMIN B. WAGNER United States Attorney /s/ Todd A. Pickles TODD A. PICKLES Assistant United States Attorney Attorneys for the Secretary of Veterans Affairs and the United States of America MASTAGNI, HOLSTEDT, AMICK, MILLER & JOHNSEN /s/ Tony Donaghue TONY DONAGHUE Attorneys for Plaintiffs Marjorie and Mark McCliss

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE This matter came before the Court on the Plaintiffs' and Federal Defendants' Stipulation of Dismissal of Plaintiffs' Claims Against the Secretary of Veterans Affairs and the United States of America. Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, and for good cause showing, the Court hereby ADOPTS the Stipulation. Accordingly, Plaintiffs' claims against the Secretary of Veterans Affairs and the United States of America are DISMISSED with prejudice and each party shall bear their own costs and fees. The case remains active against Defendant Jimmie Earl Ward. IT IS SO ORDERED. Dated: January 28, 2010 ORDER