Riggi et al v. City of Placerville et al

Filing 36

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 7/19/11: El Dorado County and El Dorado County Department of Mental Health terminated. (Kaminski, H)

4

WILCOXEN CALLAHAM, LLP
DANIEL E. WILCOXEN, SBN 054805
E. S. DEACON, SBN 127638
2114 K Street
Sacramento, California 95816
Telephone: [phone]
Facsimile: [phone]

5

Attorneys for Plaintiffs

1
2
3

6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10

2114 K Street, Sacramento, California 95816

WILCOXEN CALLAHAM, LLP ,

11
12
13
14
15

CHASE M. RIGGI, individually and by
and through his Guardian ad Litem,
JAMES M. RIGGI; ESTATE OF LINDA
CAROL CLARK, by and through her
Successor-in-Interest, CHASE M. RIGGI,
by and through his Guardian ad Litem,
CHASE M. RIGGI, individually and by
and through his Guardian ad Litem,
JAMES M. RIGGI; MARTY HANSEN;
and JOAN BEATRICE LEWIS,

Case No. 2:11-CV-00753-MCE-DAD
STIPULATION TO DISMISS
DEFENDANT EL DORADO COUNTY,
ONLY, WITH PREJUDICE; AND
ORDER
FRCP 41(a)(1)

16
Plaintiffs,
-v-

17
18
19
20
21
22
23

CITY OF PLACERVILLE; CITY OF
PLACERVILLE POLICEMAN NICOLAS
MAURER; CITY OF PLACERVILLE
POLICE CHIEF GEORGE NIELSEN; EL
DORADO COUNTY EMERGENCY
SERVICES DISTRICT; EL DORADO
COUNTY; MARSHALL MEDICAL
CENTER; and DOES 1 through 20,
inclusive,
Defendants.
________________________________/

24
25

///

26

///

27

///

28
1
00032877

STIPULATION TO DISMISS DEFENDANT EL DORADO COUNTY,
ONLY, WITH PREJUDICE; AND ORDER

1

The parties, by and through their respective attorneys, stipulate as follows: It is the desire of

2

the parties that the court approve this agreement and issue an order dismissing all claims against

3

Defendant EL DORADO COUNTY (including EL DORADO COUNTY MENTAL HEALTH) only,

4

with prejudice.

5
6

DATED: July 15, 2011.

WILCOXEN CALLAHAM, LLP

7
8
By:
9

__/s/ - E. S. Deacon________________________
E. S. DEACON # 127638
Attorneys for Plaintiffs

10
11

DATED: July 15, 2011.

LEWIS BRISBOIS BISGAARD & SMITH LLP

12
13

By: __/s/ - Joe Salazar, Jr.________________________
JOE SALAZAR, JR.
Attorneys for Defendant EL DORADO
COUNTY EMERGENCY SERVICES
DISTRICT

14
15
16
DATED: July 15, 2011.

BARKETT & GUMPERT

17
18
19
By:
20
21

__/s/ - Franklin G. Gumpert
FRANKLIN G. GUMPERT
Attorneys for Defendant EL DORADO
COUNTY; EL DORADO COUNTY
DEPARTMENT OF MENTAL HEALTH

22
23
24
25
26
27
28
2
00032877

STIPULATION TO DISMISS DEFENDANT EL DORADO COUNTY,
ONLY, WITH PREJUDICE; AND ORDER

1

DATED: July 15, 2011.

FURGESON, PRAET & SHERMAN

2
3
4

By:

5
6
7

__/s/ - BRUCE PRAET
BRUCE PRAET
Attorneys for Defendant CITY OF
PLACERVILLE; CITY OF PLACERVILLE
POLICE DEPARTMENT; PLACERVILLE
POLICE CHIEF GEORGE NIELSEN; CITY
OF PLACERVILLE POLICEMAN NICOLAS
MAURER

8
9

DATED: July 15, 2011.

LAFOLLETTE JOHNSON

10
11
12

By:

13

__/s/ - JULIE CLARK MARTIN
JULIE CLARK MARTIN
Attorneys for Defendant MARSHALL
MEDICAL CENTER

14
15
16
17

ORDER TO DISMISS DEFENDANT
EL DORADO COUNTY, ONLY, WITH PREJUDICE

18
19

THE STIPULATION FOR DISMISSAL having been executed by all parties and GOOD

20

CAUSE APPEARING,

21

IT IS HEREBY ORDERED that Defendant EL DORADO COUNTY (including EL
DORADO COUNTY MENTAL HEALTH) be dismissed with prejudice.

22
23

Dated: July 19, 2011

24

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

25
26
27
28

3
00032877

STIPULATION TO DISMISS DEFENDANT EL DORADO COUNTY,
ONLY, WITH PREJUDICE; AND ORDER

1

In re: Riggi, et al. V. City of Placerville, et al.
PROOF OF SERVICE

2
3
4

I am a citizen of the United States, and employed in the County of Sacramento. I am over the age
of eighteen (18) years, and not a party to the within above-entitled action. My business address is
2114 K Street, Sacramento, CA 95816. I served:
STIPULATION TO DISMISS DEFENDANT
EL DORADO COUNTY, ONLY, WITH PREJUDICE;
AND [PROPOSED] ORDER

5
6
7
8
9
10
11
12

2:11-CV-00753-MCE-DAD

on each party listed hereinbelow, via the following method:
Joe Salazar, Jr., Esq.
LEWIS BRISBOIS BISGAARD & SMITH LLP
2850 Gateway Oaks, Suite 450
Sacramento, CA 95833
Tele: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for Defendant, EL DORADO COUNTY
EMERGENCY SERVICES DISTRICT

Franklin G. Gumpert, Esq.
BARKETT & GUMPERT
P.O. Box 661448
Sacramento, CA 95866-1448
Tele: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for Defendants, EL DORADO
COUNTY; EL DORADO COUNTY
DEPARTMENT OF MENTAL HEALTH

Bruce Praet, Esq.
FURGESON, PRAET & SHERMAN
1631 East 18th Street
Santa Ana, CA 92705
Tele: [phone]
Email: [e-mail]
Attorney for Defendants, CITY OF
PLACERVILLE; CITY OF PLACERVILLE
POLICE DEPARTMENT; PLACERVILLE
POLICE CHIEF GEORGE NIELSEN; CITY OF
PLACERVILLE POLICEMAN NICOLAS
MAURER

Julie Clark Martin, Esq.
LAFOLLETTE JOHNSON
655 University Avenue, Suite 119
Sacramento, CA 95825
Tele: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for Defendant MARSHALL
MEDICAL CENTER

13
14
15
16
17
18
19
20
21
22
23
24
25
26

_XXX_ Via U.S. Postal Service. By depositing for collection and mailing, following ordinary
business practices (I am familiar with the business practices of the law offices of Wilcoxen
Callahan Montgomery & Deacon for collecting and processing mail, and know that the mail in said
office is collected and processed so that this piece of mail was deposited with the United States
Postal Service on the same date indicated hereinbelow), a true copy thereof enclosed in a sealed
envelope with postage thereon fully prepaid.
_XXX_ Via Email or Electronic Transmission: Based on a court order or an agreement of the
parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to
the person[s] at the e-mail addresses set forth hereinbelow. I did not receive within a reasonable
time after the transmission, any electronic message or other indication that the transmission was
unsuccessful.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct. Executed on July 15, 2011, at Sacramento, California.
___/s/ Holly Mills___________________
Holly Mills

27
28
4
00032877

STIPULATION TO DISMISS DEFENDANT EL DORADO COUNTY,
ONLY, WITH PREJUDICE; AND ORDER