Truong, et al v. Sacramento County Sheriff's Department, et al

Filing 74

STIPULATION and ORDER re PARTIAL DISMISSAL signed by Chief Judge Morrison C. England, Jr on 6/25/13: Defendants Craig Yonker, Dana Gilmour and Kelly Smith terminated. (Kaminski, H)

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LONGYEAR, O’DEA & LAVRA, LLP

VAN LONGYEAR, CSB NO. 84189
AMANDA L. McDERMOTT, CSB NO. 253651
PETER C. ZILAFF, CSB NO. 272658
3620 American River Drive, Suite 230
Sacramento, California 95864-5923
Tel: [phone] Fax: [phone]
Attorneys for Defendants, County of Sacramento,
(Erroneously sued herein as Sacramento County Sheriff’s Department);
Sgt. Jon Zwolinski; Deputy Kelly Smith; Deputy Dana Gilmour; Deputy Craig Yonker

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LIEU THI TRUONG; PHUONG LAN
TRUONG; DET VAN TRUONG; TON
VAN TRUONG; and BIEU VAN
TRUONG,
Plaintiffs,

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Case No. 2:10-CV-00506 MCE AC
Action Filed: 4/6/10
STIPULATION FOR PARTIAL
DISMISSAL; ORDER THEREON

v.
COUNTY OF SACRAMENTO, et al.,
Defendants.

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IT IS HEREBY STIPULATED AND AGREED by the parties to this action, by and
through their undersigned counsel, as follows:
1. Defendants KELLY SMITH, DANA GILMOUR, and CRAIG YONKER shall be
dismissed with prejudice;
2. Plaintiff’s Third Cause of Action for use of excessive force and false arrest in violation of
the Fourth and Fourteenth Amendments shall be dismissed with prejudice;
3. Plaintiff BIEU VAN TRUONG’s claims asserted individually as to the Fourth, Fifth,
Sixth, Seventh, and Eighth Causes of Action shall be dismissed with prejudice;
4. Plaintiff’s Eleventh Cause of Action for Violation of Civil Code Section 51.7 shall be
dismissed without prejudice;

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5. Plaintiff’s claims relating to racial and/or national origin profiling, animus, or

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discrimination as asserted in the First, Second, and Fourth Causes of Action shall be

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dismissed without prejudice; and

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6. All parties to bear their own fees and costs as to the above claims.

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7. The case otherwise remains active with respect to the remaining claims and defendants.

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IT IS SO STIPULATED.

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Dated: June 20, 2013

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By: /s/ Kenneth N. Frucht
KENNETH N. FRUCHT
FREDERICK J. GEONETTA
Attorneys for Plaintiffs

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GEONETTA & FRUCHT, LLP

Dated: June 20, 2013

LONGYEAR, O’DEA & LAVRA, LLP
By: /s/ Van Longyear
.
VAN LONGYEAR
Attorney for Defendants, County of
Sacramento Sgt. Jon Zwolinski,
Kelly Smith, Dana Gilmour, and
Craig Yonker
ORDER

Good cause appearing, IT IS HEREBY ORDERED that:

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1. This matter is dismissed in its entirety with prejudice with respect to the claims asserted

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against Defendants KELLY SMITH, DANA GILMOUR, and CRAIG YONKER, with

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each side to bear their own attorney’s fees and costs;

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2. Plaintiff’s Third Cause of Action, for use of excessive force and false arrest in violation

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of the Fourth and Fourteenth Amendments shall be dismissed with prejudice, with each

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side to bear their own attorney’s fees and costs;

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3. Plaintiff BIEU VAN TRUONG’s claims asserted individually as to the Fourth, Fifth,

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Sixth, Seventh, and Eighth Causes of Action shall be dismissed with prejudice, with each

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side to bear their own attorney’s fees and costs;

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Stipulation for Partial Dismissal and [Proposed] Order
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4. Plaintiff’s Eleventh Cause of Action for Violation of Civil Code Section 51.7 against all

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defendants shall be dismissed without prejudice, with each side to bear their own

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attorney’s fees and costs; and

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5. Plaintiff’s claims relating to racial and/or national origin profiling, animus, or

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discrimination as asserted in the First, Second, and Fourth Causes of Action shall be

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dismissed without prejudice, with each side to bear their own attorney’s fees and costs.

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IT IS SO ORDERED.
DATED: June 25, 2013

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___________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT COURT

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Stipulation for Partial Dismissal and [Proposed] Order
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