Johnson et al v. The City of Vallejo et al

Filing 99

STIPULATION and ORDER signed by Judge John A. Mendez on 3/23/2015 DISMISSING with prejudice Doe defendants and second, tenth, and twelfth causes of action. (Donati, J)

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CLAUDIA QUINTANA
City Attorney, SBN 178613
BY: KELLY J. TRUJILLO
Deputy City Attorney, SBN 244286
CITY OF VALLEJO, City Hall
555 Santa Clara Street, P.O. Box 3068
Vallejo, CA 94590
Tel: [phone]
Fax: [phone]
MARK A. JONES, SBN 96494
KRISTEN K. PRESTON, SBN 125455
JONES & DYER
A Professional Corporation
1800 J Street
Sacramento, CA 95811
Tel: [phone]
Fax: [phone]

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Attorneys for Defendants City of Vallejo, Officer Dustin B. Joseph,
Officer Sean G. Kenney and Vallejo Chief of Police Joseph M. Kreins

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IN THE UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOSEPH L. JOHNSON, an individual,
CYNTHIA A. MITCHELL, an individual,
and as successor-in-interest and personal
representative of decedent MARIO D.S.M.
ROMERO,

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Plaintiffs,

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vs.

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STIPULATION AND ORDER RE
VOLUNTARY DISMISSAL WITH
PREJUDICE OF “DOE” DEFENDANTS
AND SECOND, TENTH AND TWELFTH
CAUSES OF ACTION

THE CITY OF VALLEJO, a municipality
and charter city, POLICE OFFICER
DUSTIN B. JOSEPH, an individual,
POLICE OFFICER SEAN G. KENNEY,
an individual, VALLEJO CHIEF OF
POLICE JOSEPH M. KREINS, an
individual and DOES 1-5, inclusive,

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Case No.: 2:13-CV-01072-JAM-KJN
(Consolidated with Case No.: 2:13-CV02060-JAM-KJN)

Defendants.

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AND CONSOLIDATED ACTIONS

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On October 4, 2013 plaintiffs filed a complaint and demand for trial by jury in this case,
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STIPULATION FOR DISMISSAL OF CLAIMS AND [PROPOSED] ORDER

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identifying as defendants “DOES 1-5”. Plaintiff Mitchell also alleged causes of action against

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Defendants Dustin Joseph and Sean Kenney for “Wrongful Death/42 U.S.C. §1983” (second cause

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of action) and against Defendants City of Vallejo, Dustin Joseph and Sean Kenney for negligent

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infliction of emotional distress (tenth cause of action). Plaintiffs Mitchell and Johnson further

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alleged a cause of action for violation of Ca. Civil Code section 51.7 as against Defendants City of

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Vallejo, Dustin Joseph and Sean Kenney (twelfth cause of action).

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IT IS HEREBY stipulated and agreed by and between Plaintiffs CYNTHIA MITCHELL

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AND JOSEPH L. JOHNSON and Defendants CITY OF VALLEJO, JOSEPH M. KREINS,

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DUSTIN B. JOSEPH AND SEAN G. KENNEY by and through their undersigned counsel, that

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the “DOE” defendants identified in the complaint and the second, tenth and twelfth causes of

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action be dismissed with prejudice as to all defendants pursuant to Federal Rules of Civil

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Procedure 41(a)(2), each party to bear their own attorney’s fees and costs.

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Dated: March 20, 2015

JONES & DYER

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By:

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Dated: March 20, 2015

/s/ Mark A. Jones
Mark A. Jones
Kristen K. Preston
Attorneys for Defendants City of Vallejo,
D. Joseph, S. Kenney and J. Kreins

CITY OF VALLEJO

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By: /s/ Kelly J. Trujillo
.
Claudia Quintana
Kelly J. Trujillo
Attorneys for Defendants City of Vallejo,
D. Joseph, S. Kenny, and J. Kreins

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Dated: March 10, 2015

BOWLES & VERNA LLP

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By: /s/ Lawrence Goldberg
.
Lawrence Goldberg
William Nagle
Attorneys for Plaintiffs Cynthia Mitchell and
Joseph Johnson
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STIPULATION FOR DISMISSAL OF CLAIMS AND [PROPOSED] ORDER

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ORDER

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The Court, having considered the foregoing stipulation of the parties, and good cause appearing
therefor, the Court hereby orders that all “DOE” defendants alleged in the complaint of Plaintiffs
Cynthia Mitchell and Joseph Johnson be and hereby are dismissed.
It is further ordered that the second, tenth and twelfth causes of action alleged in the complaint
of Plaintiffs Mitchell and Johnson [Docket No. 2] be and hereby are dismissed with prejudice.

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The court further orders that, by stipulation, the Defendants herein are precluded from recovery
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of attorney’s fees and costs of litigation as to the aforementioned causes of action on the basis of this
Court’s order of dismissal of these claims.
Dated: 3/23/2015
/s/ John A. Mendez_____
John A. Mendez
U.S. District Court Judge

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STIPULATION FOR DISMISSAL OF CLAIMS AND [PROPOSED] ORDER