Dearwester v. Sacramento County Sheriff's Department

Filing 97

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 1/16/2018 ORDERING this case is DISMISSED pursuant to Rule 41(a)(1)(A)(ii), each party to bear their own attorney's fees and costs. CASE CLOSED. (Zignago, K.)

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A PROFESSIONAL CORPORATION
John R. Whitefleet, SBN 213301
Drew M. Tate, SBN 312219
350 University Avenue, Suite 200
Sacramento, California 95825

TEL: [phone]
FAX: [phone]
Attorneys for Defendant COUNTY OF SACRAMENTO (erroneously sued as “SACRAMENTO COUNTY
SHERIFF’S DEPARTMENT”)
Frank Lee Dearwester
AP-09119
HIGH DESERT STATE PRISON
P.O. Box 3030
Susanville, CA 96127-3030

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRANK LEE DEARWESTER,

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Case No.: 2:13-CV-02064-MCE-DB

Plaintiff,

STIPULATION
AND
ORDER
FOR
DISMISSAL OF THE COUNTY OF
SACRAMENTO

vs.

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Complaint Filed: 10/14/13

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COUNTY OF SACRAMENTO,

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Defendant.
______________________________________/

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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff FRANK LEE

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DEARWESTER,

and

Defendant

COUNTY

OF

SACRAMENTO

(erroneously

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“SACRAMENTO COUNTY SHERIFF’S DEPARTMENT”), by and through their undersigned

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Counsel, that all of the claims by Plaintiff FRANK LEE DEARWESTER alleged against Defendant be

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dismissed, with prejudice, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure,

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each party to bear their own attorney’s fees and costs.
IT IS SO STIPULATED.

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STIPULATION AND ORDER FOR DISMISSAL OF THE COUNTY OF SACRAMENTO
{01723385.DOCX}

sued

as

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Date: September 25, 2017

PORTER SCOTT
A PROFESSIONAL CORPORATION

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By:

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/s/JohnWhitefleet_______
John R. Whitefleet
Drew M. Tate
Attorneys for Defendant
SACRAMENTO COUNTY

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Date: October 10, 2017

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By:

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/s/Frank Lee Dearwester (As authorized on 10/10/17)
Frank Lee Dearwester

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ORDER

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Pursuant to the stipulation of the parties and Rule 41(a)(1)(A)(ii), all claims by Plaintiff

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FRANK LEE DEARWESTER alleged against Defendant are hereby DISMISSED, with prejudice,

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each party to bear their own attorney’s fees and costs.

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The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.

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Dated: January 16, 2018

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STIPULATION AND ORDER FOR DISMISSAL OF THE COUNTY OF SACRAMENTO
{01723385.DOCX}

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Case Name: Dearwester v. Sacramento County Sheriff’s Department
Case No.: 2:13-CV-02064-MCE-DB
DECLARATION OF SERVICE
I am a resident of the United States and am employed in the County of Sacramento, California.
I am over the age of eighteen years and not a party to the within above-entitled action. My business
address is 350 University Avenue, Suite 200, Sacramento, California.
On the date below, I served the following: STIPULATION AND [PROPOSED] ORDER
FOR DISMISSAL OF THE COUNTY OF SACRAMENTO on all parties in the said action as
addressed below by causing a true copy thereof to be served:
_X_ BY MAIL: I am familiar with this firm's practice whereby the mail, after being placed in a
designated area, is given the appropriate postage and is deposited in a U. S. mailbox in the City of
Sacramento, California, after the close of the day’s business.
_______ BY PERSONAL SERVICE: I caused such document to be delivered by hand to the office of
the person(s) listed below.
_______ BY OVERNIGHT DELIVERY: I caused such document to be delivered by overnight
delivery to the office of the person(s) listed below.

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_______ BY FACSIMILE: I caused such document to be transmitted by facsimile machine to the
office of the person(s) listed below.

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Addressed as follows:

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Plaintiff in Pro Per:
Frank Lee Dearwester
AP9119
HIGH DESERT STATE PRISON
P.O. Box 3030
Susanville, CA 96127-3030

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I declare under penalty of perjury that foregoing is true and correct under the laws of the State
of California. Executed on this January 5, 2018, in Sacramento, California.

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/s/ Sean Chaffin__
SeanChaff

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STIPULATION AND ORDER FOR DISMISSAL OF THE COUNTY OF SACRAMENTO
{01723385.DOCX}