Rose, et al v. County of Sacramento, et al

Filing 26

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 1/14/15 re: 25 ORDERING Partial Dismissal. In consideration of the foregoing, the parties stipulate that the following claims and/or defendant shall be dismissed, with prejudice, wi th each party to bear its respective attorneys' fees and costs: 1. The state law- wrongful death claim based upon California Government Code § 845.6 (Fifth Claim For Relief part b.) be dismissed; 2. The state law- wrongful death claim based upon negligent supervision, training, hiring and retention (Fifth Claim For Relief part a.) be dismissed;2. The Fourth Claim for Relief for supervisory liability claim be dismissed; and, 3. All claims against Sheriff Scott Jones in his individual an d official capacities be dismissed. To be clear, the parties do not intend this stipulation to include a dismissal of the Third Claim for Relief alleging, in part, a failure to supervise. Scott Jones (Sacramento County Sheriff) DISMISSED with prejudice. (Meuleman, A)

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LONGYEAR, O’DEA & LAVRA, LLP
Van Longyear, CSB No. 84189
Peter C. Zilaff, CSB No. 272658
3620 American River Drive, Suite 230
Sacramento, CA 95864
Phone: [phone]
Facsimile: [phone]
Attorneys for Defendants COUNTY OF SACRAMENTO, SHERIFF SCOTT JONES,
DEPUTY DAVID McENTIRE

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

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Estate of JOHNATHAN ROSE, deceased, by
and through his parents THEODORE
MILTON ROSE and KAREN ROSE, as
successors in interest; THEODORE MILTON
ROSE, Individually; and KAREN ROSE,
Individually,

) Case No. 2:13-cv-01339 TLN EFB
)
)
) STIPULATION AND ORDER FOR
) PARTIAL DISMISSAL
)
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Plaintiffs,
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vs.
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COUNTY OF SACRAMENTO; Sacramento )
County Sheriff SCOTT JONES; Sacramento )
County Sheriff’s Department Deputy DAVID )
McENTIRE (Badge #1356); and DOES 1
)
through 10, inclusive,
)
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Defendants.
)

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Plaintiffs are represented by Stewart Katz of the Law Office of Stewart Katz. Defendants
are represented by Van Longyear and Peter C. Zilaff of Longyear, O’Dea & Lavra, LLP.

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The parties through their respective attorneys stipulate that for purposes of this action,

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only, any action taken by Sheriff Scott Jones regarding the matters pertaining to this suit were

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actions taken in his official capacity as the Sheriff of Sacramento County.

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In consideration of the foregoing, the parties stipulate that the following claims and/or

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defendant shall be dismissed, with prejudice, with each party to bear its respective attorneys’ fees

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and costs:

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Stipulation and Order
Page 1

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1.

845.6 (Fifth Claim For Relief part b.) be dismissed;

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The state law- wrongful death claim based upon California Government Code §

2.

The state law- wrongful death claim based upon negligent supervision, training,
hiring and retention (Fifth Claim For Relief part a.) be dismissed;

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2.

The Fourth Claim for Relief for supervisory liability claim be dismissed; and,

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3.

All claims against Sheriff Scott Jones in his individual and official capacities be

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dismissed.
To be clear, the parties do not intend this stipulation to include a dismissal of the Third
Claim for Relief alleging, in part, a failure to supervise.

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IT IS HEREBY STIPULATED:

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Dated: January 6, 2015

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LAW OFFICE OF STEWART KATZ
/S/: Stewart Katz
STEWART KATZ
Attorneys for Plaintiffs

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Dated: January 6, 2015

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LONGYEAR, O’DEA & LAVRA, LLP
/S/: Van Longyear
VAN LONGYEAR
Attorneys for Defendants

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IT IS SO ORDERED:

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Dated: January 14, 2015

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Troy L. Nunley
United States District Judge

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Stipulation and Order
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