Peter et al v. State of California, et al.,

Filing 45

STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 9/8/09 ORDERING that this matter is DISMISSED as to Defendant County of Plumas (and unknown officers of Plumas County Sheriff's Office) only, without prejudice, with each side to bear their own attorney's fees and costs. (Mena-Sanchez, L)

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A PROFESSIONAL CORPORATION Carl L. Fessenden, SBN 161494 350 University Ave., Suite 200 Sacramento, California 95825 TEL: [phone] FAX: [phone]

Attorneys for Defendant: COUNTY OF PLUMAS Larry L. Baumbach LAW OFFICES OF LARRY L. BAUMBACH
686 Rio Lindo Avenue Chico, CA 95826 TEL: [phone] FAX: [phone]

Attorney for Plaintiffs: JAMES BRADY PETER AND JAMES RUSSELL PETER Alberto L. Gonzalez OFFICE OF THE ATTORNEY GENERAL 1300 I Street Sacramento, CA 95814 TEL: [phone] FAX: [phone] Attorneys for Defendant: JAMES STOWE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JAMES BRADY PETER and JAMES RUSSELL PETER Plaintiffs, v. STATE OF CALIFORNIA; COUNTY OF PLUMAS; UNKNOWN OFFICERS OF THE PLUMAS COUNTY SHERIFFS OFFICE; C A L I F O R N I A HIGHWAY PATROL OFFICER BOB STOWE, and DOES 1 through 50, Inclusive, Defendants. /

Case No. 2:08-cv-02465 FCD-DAD S T I P U L A T I O N AND ORDER FOR DISMISSAL OF DEFENDANT COUNTY OF P L U M A S , WITHOUT PREJUDICE, PURSUANT TO F.R.C.P. SECTION 41(A)(1)

Complaint Filed: 10/16/08 Amended Complaint Filed: 11/07/08 Second Amended Complaint Filed; 02/03/09

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs JAMES BRADY PETER and JAMES RUSSELL PETER, Defendant COUNTY OF PLUMAS, and Defendant State of California, California Highway Patrol Officers JAMES STOWE and R.A. STORY that this
1 STIPULATION AND ORDER FOR 00710768.WPD DISMISSAL WITHOUT PREJUDICE PURSUANT TO F.R.C.P. SECTION 41(a)(1)

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action be dismissed as to Defendant COUNTY OF PLUMAS (including "Unknown Officers of Plumas County Sheriff's Office") only, without prejudice, with each side to bear their own attorney's fees and costs, pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. IT IS SO STIPULATED. Dated: August 31, 2009 PORTER SCOTT
A PROFESSIONAL CORPORATION

By /s/Carl L. Fessenden Carl L. Fessenden Attorney for Defendant COUNTY OF PLUMAS Dated: August 28, 2009 LAW OFFICES OF LARRY L. BAUMBACH By /s/Larry L. Baumbach (as authorized on 8/28/09) Larry L. Baumbach Attorney for Plaintiffs JAMES BRADY PETER AND JAMES RUSSELL PETER Dated: August 28, 2009 OFFICE OF THE ATTORNEY GENERAL By /s/ Alberto L. Gonzalez (as authorized on 8/28/09) Alberto L. Gonzalez Attorney for Defendant JAMES STOWE ORDER Good cause appearing, this matter is dismissed as to Defendant COUNTY OF PLUMAS (and "Unknown Officers of Plumas County Sheriff's Office") only, without prejudice, with each side to bear their own attorney's fees and costs. IT IS SO ORDERED. Dated: September 8, 2009
_______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

2 STIPULATION AND ORDER FOR 00710768.WPD DISMISSAL WITHOUT PREJUDICE PURSUANT TO F.R.C.P. SECTION 41(a)(1)