Singh, et al v. Sacramento County, et al

Filing 116

STIPULATION and ORDER signed by Judge John A. Mendez on 7/11/12 ORDERING that County Defendant JOHN MCGINNESS, ANN MARIE BOYLAN, JAMIE LEWIS are dismissed with prejudice forthwith and all state law claims against county defendants are dismissed with prejudice. Each side to bear his, her and/or their own attorney's fees and costs. (Becknal, R)

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1 2 3 4 5 LONGYEAR, O’DEA & LAVRA, LLP Van Longyear, SBN 84189 Jennifer Marquez, SBN 232194 3620 American River Drive, Suite 230 Sacramento, CA 95864 Telephone: (916) 974-8500 Facsimile: (916) 974-8510 Attorneys for Defendants, County of Sacramento, John McGinness, Scott Jones, Jamie Lewis, AnnMarie Boylan LAW OFFICE OF JOSEPH C. GEORGE Joseph C. George, Sr., SBN 119231 Joseph George, Jr., SBN 200999 2431 Capitol Avenue Sacramento, CA 95816 Telephone: (916) 442-7100 Facsimile: (916) 442-7657 Attorneys for Plaintiffs LAW OFFICE OF STEWART KATZ Stewart Katz, SBN 127425 Guy Danilowitz, SBN 257733 555 University Avenue, Suite 270 Sacramento, CA 95825 Telephone: (916) 444-5678 Facsimile: (916) 444-3364 Attorneys for Plaintiffs WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP Robert F. Tyler, SBN 063055 400 Capitol Mall, 22nd Floor Sacramento, CA 95814 Telephone: (916) 441-2430 Facsimile: (916) 442-6664 Attorneys for Defendants, Robert Hales, Paul Hendricks, Gregory Sokolov, and Dr. L. Michael Tompkins 6 7 8 9 10 11 12 13 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 18 19 20 21 22 23 ESTATE OF BALJIT SINGH, deceased, by and through PRABJIT SINGH DHANDA, JASJIT KAUR DHANDA, SUKHJIT KAUR DHANDA and DAVANJIT SINGH DHANDA (minors through their mother and guardian ad litem Amarjit Singh) and AMARJIT SINGH as successors in interest; PRABJIT SINGH DHANDA, Individually; JASJIT KAUR DHANDA, Individually; SUKHJIT KAUR DHANDA, Individually; DAVANJIT SINGH DHANDA, Individually; and AMARJIT SINGH, Individually, 24 Plaintiffs, 25 v. 26 COUNTY OF SACRAMENTO; Sacramento County Sheriff JOHN MCGINNESS; Sacramento County Main Jail Commander SCOTT JONES; Sacramento County Sheriff’s Department Chief of Correctional 27 28 PDF created with pdfFactory trial version www.pdffactory.com CASE NO. 2:09-CV- 1439 JAM JFM STIPULATION FOR DISMISSAL OF DEFENDANTS JOHN MCGINNESS, ANN MARIE BOYLAN, JAMIE LEWIS, ALL STATE LAW CLAIMS (FIFTH CLAIM FOR RELIEF) AND ORDER 1 2 3 4 5 6 7 and Court Services JAMIE LEWIS; Sacramento County Chief of Correctional Health Services ANNMARIE BOYLAN; Sacramento County Jail System Medical Director Dr. PETER DIETRICH; UC Davis Department of Psychiatry Chair DR. ROBERT HALES; Clinical Direct of Jail Psychiatric Services PAUL HENDRICKS; Medical Director of Jail Psychiatric Services DR. GREGORY SOKOLOV; L. MICHAEL TOMPKINS; and Does 1 to 40, inclusive, Defendants. 8 9 10 IT IS HEREBY STIPULATED, pursuant to Rule 41(a)(1) of the Federal Rules of Civil 11 Procedure, by and between the Plaintiffs Estate of BALJIT SINGH, deceased, by and through 12 PRABJIT SINGH DHANDA, JASJIT KAUR DHANDA, SUKHJIT KAUR DHANDA and 13 DAVANJIT SINGH DHANDA (minors through their mother and guardian ad litem Amarjit 14 Singh) and AMARJIT SINGH as successors in interest; PRABJIT SINGH DHANDA, 15 Individually; JASJIT KAUR DHANDA, Individually, DAVANJIT SINGH DHANDA, 16 Individually; and AMARJIT SINGH, and Defendants COUNTY OF SACRAMENTO, JOHN 17 MCGINNESS, ANNMARIE BOYLAN, JAMIE LEWIS AND SCOTT JONES (“County 18 Defendants”) by and through their attorneys of record, to dismiss the following County 19 Defendants and causes of action against County Defendants with prejudice: 20 1. 21 22 dismissed with prejudice; 2. 23 24 County Defendant Ann Marie Boylan, individually and in her official capacity, be dismissed with prejudice; 3. 25 26 County Defendant John McGinness, individually and in his official capacity, be County Defendant Jamie Lewis, individually and in his official capacity, be dismissed with prejudice; and 4. All state law claims [Fifth Claim for Relief, Wrongful Death; Negligent 27 Supervision, Training, Hiring and Retention (Cal. State Law), Failure to 28 Furnish/Summon Medical Care (Cal. Govt. Code §845.6), Professional Stipulation For Dismissal Of Defendants John McGinness, Ann Marie Boylan, Jamie Lewis, All State Law Claims (Fifth Claim For Relief) and Proposed Order PDF created with pdfFactory trial version www.pdffactory.com Page 2 1 Negligence/Medical Malpractice (Cal. State Law), Negligence/Negligence Per Se 2 (Cal. State Law)] against County Defendants be dismissed with prejudice. 3 Each side to bear his, her and/or their own attorney’s fees and costs. 4 IT IS SO STIPULATED. 5 6 Dated: July 11, 2012 By: /s/ Stewart Katz STEWART KATZ Attorney for Plaintiffs 7 8 9 LAW OFFICE OF STEWART KATZ Dated: July 11, 2012 . LAW OFFICE OF JOSEPH C. GEORGE 10 By: /s/ Joseph C. George, Sr. JOSEPH C. GEORGE, SR. Attorney for Plaintiffs 11 12 13 Dated: July 11, 2012 . LONGYEAR, O’DEA & LAVRA, LLP By: /s/ Jennifer Marquez . VAN LONGYEAR JENNIFER MARQUEZ Attorneys for Defendants, County of Sacramento, John McGinness, Scott Jones, Jamie Lewis, AnnMarie Boylan 14 15 16 17 18 19 20 21 22 Dated: July 11, 2012 WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP By: /s/ Robert Tyler . ROBERT F. TYLER, JR. Attorneys for Defendants, Robert Hales, Paul Hendricks, Gregory Sokolov, L. Michael Tompkins 23 24 25 26 27 28 Stipulation For Dismissal Of Defendants John McGinness, Ann Marie Boylan, Jamie Lewis, All State Law Claims (Fifth Claim For Relief) and Proposed Order PDF created with pdfFactory trial version www.pdffactory.com Page 3 1 2 ORDER 3 The stipulation of the parties to dismiss County Defendants JOHN MCGINNESS, ANN 4 MARIE BOYLAN, JAMIE LEWIS and all state law claims against COUNTY DEFENDANTS 5 having been read and considered, 6 IT IS HEREBY ORDERED that County Defendant JOHN MCGINNESS, ANN 7 MARIE BOYLAN, JAMIE LEWIS are dismissed with prejudice forthwith and all state law 8 claims against COUNTY DEFENDANTS are dismissed with prejudice. 9 Each side to bear his, her and/or their own attorney’s fees and costs. 10 11 12 13 Dated: 7/11/12 /s/ John A. Mendez___________________ THE HONORABLE JOHN A. MENDEZ United States District Court Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation For Dismissal Of Defendants John McGinness, Ann Marie Boylan, Jamie Lewis, All State Law Claims (Fifth Claim For Relief) and Proposed Order PDF created with pdfFactory trial version www.pdffactory.com Page 4

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