Evans, et al., v. Nevada County Sheriff's Department, et al.

Filing 22

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 2/9/15 ORDERING this case DISMISSED without prejudice. Plaintiff will have 30 days from dismissal of this action to file the remaining claim in state court, during which time Defendant agrees that any limitations period will be tolled.(Kastilahn, A)

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A PROFESSIONAL CORPORATION
Carl L. Fessenden, SBN 161494
Ariana A. Van Alstine, SBN 296624
350 University Avenue, Suite 200
Sacramento, California 95825
TEL: [phone]
FAX: [phone]

Attorneys for Defendants
THE COUNTY OF NEVADA (erroneously sued as NEVADA COUNTY SHERIFF'S
DEPARTMENT, a public entity) AND KEITH ROYAL

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PORTER | SCOTT

350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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Kerry Schaffer, SBN 84706
Law Offices of Kerry S Schaffer
3527 Hacienda Dr
Santa Rosa, CA 95405
TEL: [phone]
FAX: [phone]
Attorney for Plaintiffs
YVONEE EVANS AND WILLIAM EVANS

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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YVONEE
EVANS

EVANS

AND

WILLIAM

CASE NO. 2:13-cv-01775-TLN-DAD
STIPULATION OF DISMISSAL; ORDER

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Plaintiffs,

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v.

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NEVADA
COUNTY
SHERIFF'S
DEPARTMENT, a public entity, KEITH
ROYAL, an individual, and DOES 1 through
20, inclusive,

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Defendants
___________________________________/

Complaint Filed: August 24, 2013

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Pursuant to Federal Rules of Civil Procedure, rule 41(a)(1)(A)(ii), an action may be

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dismissed at any time “by filing a stipulation of dismissal signed by all parties who have
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STIPULATION OF DISMISSAL; ORDER

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appeared.” A stipulation to dismiss is effective without court action to terminate a case (Id.)

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Plaintiff filed a complaint on August 24, 2013. In response, Defendants filed a Motion to

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Dismiss on April 14, 2014. Plaintiff then filed Amended Complaint on May 5, 2014. Defendants

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Moved to Dismiss the Amended Complaint on June 19, 2014. The court granted Defendants’

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Motion to Dismiss in part, with respect to the First and Fourth Amendment claims against both the

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County and the individual defendants. The time to amend since passed. With the dismissal of the

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First and Fourth Amendment claims, the only remaining claim is a state law claim alleging

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violation of the FEHA. No federal claims remain at issue, and accordingly, the parties have jointly

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decided to voluntarily dismiss the case in Federal Court, and instead file the state law claim in

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state court.

PORTER | SCOTT

In accordance with this the parties agree as follows:

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350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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1) To dismiss the above captioned case without prejudice;

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2) Plaintiff will have 30 days from dismissal of this action to file the remaining claim in

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state court, during which time Defendant agrees that any limitations period will be

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tolled.

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Dated: February 6, 2015

LAW OFFICES OF KERRY S SCHAFFER

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By ____/s/_______________________________
Kerry Schaffer
Attorney for Plaintiffs
WILLIAM EVANS AND
YVONNE EVANS

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Dated: February 6, 2015

PORTER SCOTT
A PROFESSIONAL CORPORATION

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By ____/s/_______________________________
Carl Fessenden
Ariana Van Alstine
Attorneys for Defendants
THE COUNTY OF NEVADA
AND KEITH ROYAL
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STIPULATION OF DISMISSAL; ORDER

ORDER

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IT IS SO ORDERED:

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Dated: February 9, 2015

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Troy L. Nunley
United States District Judge

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PORTER | SCOTT

350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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STIPULATION OF DISMISSAL; ORDER