Stephen v. Kelso

Filing 102

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 09/13/13 ordering pursuant to the stipulation of the parties 101 and FRCP 41(a)(1)(A)(ii) and 41(a)(2), defendant Wenneker is hereby dismissed with prejudice from plaintiff' ;s first claim entitled "Violation of Plaintiff's Eighth Amendment Rights." This action proceeds against defendant Wenneker on plaintiff's second supplemental state law, claim entitled "Medical Malpractice," and against all other defendants based on the allegations and claims set forth in plaintiff's Fourth Amended Complaint 91 . At the request of the parties, the discovery deadline in this action remains extended until 10/07/13 to permit additional time for the parties to engage in discovery and further settlement negotionations 100 . (Plummer, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JIMMIE STEPHEN,

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No. 2:10-CV-1678-KJM-KJN (P)
Plaintiff,

vs.
J. CLARK KELSO, federal receiver for the
California Department of Corrections and
Rehabilitation; CALIFORNIA
DEPARTMENT OF CORRECTIONS AND
REHABILITATION; KOU-YING
HSIEH, M.D.; WENDELL WARREN
WENNEKER, M.D.; ALVARO CRUZ
TRAQUINA, M.D.; SAMUEL WILLIAM
MCALPINE, M.D.,

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STIPULATED ORDER OF PARTIAL
DISMISSAL WITH PREJUDICE
FIRST CLAIM FOR VIOLATION OF
PLAINTIFF’S EIGHTH AMENDMENT
RIGHTS

Defendants.

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Plaintiff

JIMMIE

STEPHEN

and

defendant

WENDELL

WARREN

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WENNEKER, M.D., by and through their respective attorneys, hereby stipulate and

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agree, pursuant to Federal Rules of Civil Procedure 41(a)(1)(A)(ii) and 41(a)(2), that

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plaintiff JIMMIE STEPHEN’s first claim entitled “Violation of Plaintiff’s Eighth

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-1STIPULATED ORDER OF DISMISSAL WITH PREJUDICE FIRST CLAIM FOR VIOLATION OF PLAINTIFF’S EIGHTH AMENDMENT RIGHTS

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Amendment Rights,” is dismissed with prejudice as to defendant WENDELL

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WARREN WENNEKER, M.D.

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IT IS SO STIPULATED.

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HASSARD BONNINGTON, LLP

MOORE LAW FIRM, P.C.

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By:/s/ Tanya E. Moore _________
Tanya E. Moore, SBN 206683
[e-mail]
332 North Second Street
San Jose, CA 95112
Tel:
[phone]
Fax:
[phone]

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By:/s/ John A. Etchevers___________
John A. Etchevers, SBN 53411
[e-mail]
Two Embarcadero Center, Suite 1800
San Francisco, CA 94111
Tel:
[phone]
Fax: [phone]

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Attorneys for Wendell Wenneker, M.D.

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Attorneys for Plaintiff

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Pursuant to the stipulation of these parties (ECF No. 101), and Federal

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Rules of Civil Procedure 41(a)(1)(A)(ii) and 41(a)(2), defendant Wenneker is hereby

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dismissed, with prejudice, from plaintiff’s first claim entitled “Violation of Plaintiff’s

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Eighth Amendment Rights.”

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This action proceeds against defendant Wenneker on plaintiff’s second,

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supplemental state law, claim entitled “Medical Malpractice,” and against all other

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defendants based on the allegations and claims set forth in plaintiff’s Fourth Amended

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Complaint (ECF No. 91). At the request of all parties, the discovery deadline in this

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action remains extended until October 7, 2013, to permit additional time for the

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parties to engage in discovery and further settlement negotiations. (ECF No. 100.)

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SO ORDERED.
Dated: September 13, 2013

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-2STIPULATED ORDER OF DISMISSAL WITH PREJUDICE FIRST CLAIM FOR VIOLATION OF PLAINTIFF’S EIGHTH AMENDMENT RIGHTS

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