Saenz-Payne v. State of California et al

Filing 44

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 9/28/11 ORDERING that this case is DISMISSED with prejudice. The court retains jurisdiction to enforce the terms of the 43 Settlement Agreement and Order. All disputes over enforcement of 43 Settlement Agreement and Order shall be heard and resolved by Magistrate Judge Drozd as agreed by the parties. CASE CLOSED. (Donati, J)

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PAUL L. REIN, Esq. (SBN 43053)
CELIA McGUINNESS, Esq. (SBN 159420)
CATHERINE M. CABALO, Esq. (SBN 248198)
LAW OFFICES OF PAUL L. REIN
200 Lakeside Dr., Suite A
Oakland, CA 94612
Tel. [phone]
Fax [phone]
[e-mail]
Attorneys for Plaintiff
DERRICK SAENZ-PAYNE

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KAMALA D. HARRIS, Esq. (SBN 146672)
Attorney General of California
DAVID A. CARRASCO, Esq. (SBN 160460)
Supervising Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants: High Desert State Prison,
Department of Corrections and Rehabilitation, State
of California, and California Correctional Center

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IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA

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DERRICK SAENZ-PAYNE,

CASE NO. 2:10-cv-01455 MCE-EFB
Civil Rights

Plaintiff,

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v.

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STATE OF CALIFORNIA;
CALIFORNIA DEPARTMENT OF
CORRECTIONS; CALIFORNIA
CORRECTIONS CENTER; HIGH
DESERT STATE PRISON; and
DOES 1-10, Inclusive,

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Defendants.

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STIPULATION TO DISMISS
WITH PREJUDICE BUT TO
RETAIN JURISDICTION OVER
DISPUTES; ORDER

/

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IT IS HEREBY STIPULATED by and between Plaintiff Derrick SaenzPayne and Defendants High Desert State Prison, Department of Corrections and

L A W O F F IC E S O F

PAUL L. REIN
200 L A K E S ID E D R ., S U IT E A
O A K L A N D , C A 94612-3503
[phone]

STIPULATION TO DISMISS BUT TO RETAIN JURISDICTION
OF DISPUTES; ORDER
CASE NO. 2:10-cv-01455 MCE-EFB

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Rehabilitation, State of California, and California Correctional Center, through

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their designated counsel, that

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(1)

After the Court, Magistrate Judge Dale A. Drozd, signs the Settlement

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Agreement and [Proposed] Order in this case (Docket No. 37), this action

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be dismissed with prejudice pursuant to FRCP 41(a)(1)(A)(ii); but that

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(2)

Agreement and Order, which is incorporated herein by reference.

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The Court retains jurisdiction to enforce the terms of the Settlement

(3)

Any and all disputes over enforcement of the Settlement Agreement and
Order shall be heard and resolved by Magistrate Judge Drozd.

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Respectfully submitted,

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Dated: September 13, 2011

LAW OFFICES OF PAUL L. REIN

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/s/ Celia McGuinness
By CELIA McGUINNESS
Attorneys for Plaintiff
DERRICK SAENZ-PAYNE

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Dated: September 14, 2011

KAMALA D. HARRIS
Attorney General of California

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/s/ David A. Carrasco
By DAVID A. CARRASCO
Supervising Deputy Attorney General
Attorneys for Defendants
High Desert State Prison, Department of
Corrections and Rehabilitation, State of
California, and California Correctional Center

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//

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//

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//

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//

L A W O F F IC E S O F

PAUL L. REIN
200 L A K E S ID E D R ., S U IT E A
O A K L A N D , C A 94612-3503
[phone]

STIPULATION TO DISMISS BUT TO RETAIN JURISDICTION
OF DISPUTES; ORDER
CASE NO. 2:10-cv-01455 MCE-EFB

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ORDER

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Good cause having been shown, and the Court having signed the

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Settlement Agreement and Order in this matter, the case is hereby dismissed with

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prejudice, except (1) the Court retains jurisdiction to enforce the terms of the

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Settlement Agreement and Order, incorporated herein by reference, and (2) any

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and all disputes over enforcement of the Settlement Agreement and Order shall

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be heard and resolved by Magistrate Judge Drozd as agreed by the parties.

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The Clerk of Court is directed to close the file at this time.

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IT IS SO ORDERED.

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Dated: September 28, 2011

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________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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Ddad1\orders.civil\saenz-payne1455.stipord.dism

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L A W O F F IC E S O F

PAUL L. REIN
200 L A K E S ID E D R ., S U IT E A
O A K L A N D , C A 94612-3503
[phone]

STIPULATION TO DISMISS BUT TO RETAIN JURISDICTION
OF DISPUTES; ORDER
CASE NO. 2:10-cv-01455 MCE-EFB

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