Kozacenko v. State of California

Filing 95

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 10/22/15 ORDERING that the entire action, including all claims and counterclaims stated herein against all Defendants, is DISMISSED with prejudice pursuant to FRCP 41(a)(1)(A)(ii). The jury trial set for 02/08/16 is VACATED. CASE CLOSED (Benson, A)

1
2
3
4
5
6
7

KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
ALBERTO L. GONZÁLEZ, State Bar No. 117605
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 California Highway Patrol Officer Andrew P. Murrill and
California Highway Patrol Officer J. Sherman California Highway Patrol Sergeant Kevin
Pierce; California Highway Patrol Lieutenant John Arrabit; California Patrol Assistant
Chief Kenneth Hill; and California Highway Patrol Commander Chief Stephen Lerwill

8
9
10
11

DONALD W. COOK, State Bar #116666
Attorney at Law
3435 Wilshire Blvd., Ste. 2910
Los Angeles, CA 90010
Telephone: [phone]
Fax: [phone]
Attorney for Plaintiff

12

IN THE UNITED STATES DISTRICT COURT

13

FOR THE EASTERN DISTRICT OF CALIFORNIA

14
15

OLEGS KOZACENKO,

16
17
18
19
20
21
22
23
24

v.

2:12-cv-2196 MCE DAD
Plaintiff, STIPULATION AND ORDER FOR
DISMISSAL WITH PREJUDICE AND
VACATING FEBRUARY 8, 2016, JURY
TRIAL

California Highway Patrol Officer
ANDREW P. MURRILL (Badge #19671);
California Highway Patrol Officer J.
SHERMAN (Badge #11614); California
Highway Patrol Sergeant KEVIN PIERCE;
California Highway Patrol Lieutenant
JOHN ARRABIT; California Patrol
Assistant Chief KENNETH HILL; and
California Highway Patrol Commander
Chief STEPHEN LERWILL,

Hon. Morrison C. England, Jr.

Defendants.

25
26

THE PARTIES TO THIS ACTION, by and through their respective attorneys of record,

27

and pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), hereby stipulate, in consideration

28

of a negotiated settlement in which no liability is admitted, to the Dismissal With Prejudice of this
1
Stipulation and Order for Dismissal (2:12-CV-2196 MCE DAD)

1

action, including all claims stated herein against all Defendants, with each party to bear their own

2

attorney’s fees and costs. The parties request the Court vacate the jury trial set for February 8,

3

2016.

4

THEREFORE, IT IS HEREBY STIPULATED AND AGREED between Plaintiff and

5

Defendants that this action is dismissed with prejudice and that the material allegations of the

6

Second Amended Complaint are withdrawn in full by Plaintiff.

7
8

IT IS SO STIPULATED.
Dated: October 20, 2015

9

/s/ Alberto L. González
ALBERTO L. GONZÁLEZ
Supervising Deputy Attorney General
Attorneys for Defendants California Highway Patrol
Officer Andrew P. Murrill; California Highway
Patrol Officer J. Sherman; California Highway
Patrol Sergeant Kevin Pierce; California Highway
Patrol Lieutenant John Arrabit; California Patrol
Assistant Chief Kenneth Hill; and California
Highway Patrol Commander Chief Stephen Lerwill

10
11
12
13
14
15

KAMALA D. HARRIS
Attorney General of California

Dated: October 20, 2015

16

DONALD W. COOK, Attorney at Law
By: /s/ Donald W. Cook
DONALD W. COOK
Attorney for Plaintiff

17
18

ORDER

19
20
21
22
23
24

The stipulation is approved. The entire action, including all claims and counterclaims
stated herein against all Defendants, is hereby dismissed with prejudice. The jury trial set for
February 8, 2016, is hereby vacated. The matter having been concluded in its entirety, the Clerk
of Court is directed to close the file.
IT IS SO ORDERED.
DATED: October 22, 2015

25
26

__________
__________
___________
__________
____
MORRISON C. ENGL
N
LAND, JR, C
CHIEF JUDG
GE
UNITED ST
TATES DIS
STRICT COU
URT

27
28
2
Stipulation and Order for Dismissal (2:12-CV-2196 MCE DAD)