Huey v. City of Vallejo et al

Filing 60

STIPULATION and ORDER signed by Judge John A. Mendez on 1/12/15 re: 59 ORDERING that all of plaintiffs' claims against Defendants City of Vallejo, Robert Nichelini, and Joseph Kreins are hereby DISMISSED WITH PREJUDICE. The Court FURTHER ORDERS that, by stipulation, the Defendants City of Vallejo, Robert Nichelini hereby WAIVE recovery of costs of litigation as to theh dismissed claims for relief. (Meuleman, A)

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CLAUDIA M. QUINTANA
City Attorney, SBN 178613
BY: KELLY J. TRUJILLO
Assistant City Attorney, SBN 244286
CITY OF VALLEJO, City Hall
555 Santa Clara Street, P.O. Box 3068
Vallejo, CA 94590
Tel: [phone] // Fax:
[phone]

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MATTHEW LUCAS, SBN148484
Hillman & Lucas, PC
1 Harbor Center, Ste. 220
Suisun City, CA 94585
Tel: [phone] // Fax:
[phone]
Attorneys for Defendants: CITY OF VALLEJO, ROBERT NICHELINI, JOSEPH
KREINS, KEVIN BARTLETT, JEREMY HUFF

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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Case No. 2:13-CV-00916-JAM-KJN

MICHAEL HUEY, individually and as
successor-in-interest to decedent J.H., a
minor,
and
JANEEN
LOTTON,
individually and as successor-in-interest
to decedent J.H., a minor,
vs.

STIPULATION AND ORDER OF
DISMISSAL OF ENTIRE ACTION WITH
PREJUDICE AS TO DEFENDANTS
CITY OF VALLEJO, ROBERT
NICHELINI, AND JOSEPH KREINS

Plaintiff,

CITY OF VALLEJO, a municipal
corporation;
ROBERT
NICHELINI,
individually and in his official as Chief of
Police for the CITY OF VALLEJO;
JOSEPH KREINS, in his official capacity
as Chief of Police for the CITY OF
VALLEJO;
KEVIN
BARTLETT,
individually and in his official capacity as
police officer for the CITY OF VALLEJO;
JEREMY HUFF, individually and in his
official capacity as police officer for the
CITY OF VALLEJO and DOES 1-25,
inclusive,
Defendants.

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Case No. 2:13-CV-00916-JAM-KJN

STIPULATION AND
[PROPOSED] ORDER OF
DISMISSAL

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On August 16, 2013, plaintiffs Michael Huey and Janeen Lotton filed a First

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Amended Complaint for Damages against City of Vallejo, Robert Nichelini, Joseph

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Kreins, Jeremy Huff and Kevin Bartlett. (Docket No. 21).

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Plaintiffs have agreed to dismiss this entire action with prejudice as to defendants

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City of Vallejo, Robert Nichelini and Joseph Kreins in exchange for an agreement by

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defendants City of Vallejo, Robert Nichelini and Joseph Kreins to waive their right to

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recover litigation costs for the dismissed causes of action.

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IT IS THEREFORE STIPULATED by and between all parties to this stipulation by

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and through their respective attorneys of record that plaintiffs’ entire case shall be

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dismissed with prejudice as to defendants City of Vallejo, Robert Nichelini and Joseph

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Kreins.

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IT IS FURTHER STIPULATED by and between all parties to this stipulation by

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and through their respective attorneys of records that defendants City of Vallejo, Robert

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Nichelini, and Joseph Kreins agree to waive their rights to recover litigation costs

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against the plaintiffs as to the dismissed causes of actions.

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Respectfully submitted,

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DATED: January 6, 2015

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/s/ Kelly J. Trujillo
KELLY J. TRUJILLO
Attorney for Defendants,
CITY OF VALLEJO, ROBERT NICHELINI,
JOSEPH KREINS

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DATED: January 9, 2015

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/s/ Che L. Hashim
CHE L. HASHIM, ESQ.
Attorney for Plaintiff Michael Huey

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Case No. 2:13-CV-00916-JAM-KJN

STIPULATION AND
[PROPOSED] ORDER OF
DISMISSAL

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DATED: 1/6/2015

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/s/ Douglas Pharr
DOUGLAS PHARR ESQ.
Law Office of Douglas Pharr

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ORDER

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The Court, having considered the foregoing stipulation of the parties, and good

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cause appearing therefor, the Court hereby orders that all of plaintiffs' claims against

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Defendants City of Vallejo, Robert Nichelini and Joseph Kreins are hereby dismissed

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with prejudice. The court further orders that, by stipulation, the Defendants City of

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Vallejo, Robert Nichelini hereby waive recovery of costs of litigation as to the dismissed

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claims for relief.

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DATED:

1/12/15

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/s/ John A. Mendez
U.S. DISTRICT COURT JUDGE

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Case No. 2:13-CV-00916-JAM-KJN

STIPULATION AND
[PROPOSED] ORDER OF
DISMISSAL

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