Padilla v. Beard et al

Filing 303

ORDER signed by District Judge Kimberly J. Mueller on 12/20/2017 ORDERING that this action is DISMISSED with prejudice, pursuant to FRCP 41(a)(1)(A)(ii); each party to bear its own costs, attorney's fees and expenses. (Reader, L)

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1 2 3 4 5 6 7 XAVIER BECERRA, State Bar No. 118517 Attorney General of California CHRISTOPHER J. BECKER, State Bar No. 230529 Supervising Deputy Attorney General DIANA ESQUIVEL, State Bar No. 202954 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 210-7320 Facsimile: (916) 324-5205 E-mail: Diana.Esquivel@doj.ca.gov Attorneys for Defendants Castro, Drew, Gipson, Johnson, Robicheaux, Stainer, and Wagner 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 JERMAINE PADILLA, No. 2:14-cv-1118 KJM-CKD 14 15 v. 16 17 Plaintiff, STIPULATION FOR VOLUNTARY DISMISSAL OF ACTION WITH PREJUDICE AND ORDER [Fed. R. Civ. P. 41(a)(1)(A)(ii)] JEFFREY BEARD, et al., 18 Defendants. 19 20 Under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff Jermaine Padilla, by and 21 22 through his court-appointed guardian ad litem Cynthia Gonzalez, and Defendants Castro, Drew, 23 Gipson, Johnson, Robicheaux, Stainer, and Wagner stipulate to the voluntary dismissal of this 24 action with prejudice. Each party is to bear its own costs, attorney’s fees, and expenses. 25 26 /// 27 /// 28 /// 1 Stipulation for Voluntary Dismissal of Action with Prejudice; Order (2:14-cv-1118 KJM-CKD) 1 The parties also stipulate that the Court will retain jurisdiction over this matter for the 2 purpose of enforcing the settlement, and as necessary to establish and supervise the Special Needs 3 Trust until jurisdiction for the Trust is transferred. 4 IT IS SO STIPULATED. 5 6 Dated: December 18, 2017 Respectfully submitted, 7 XAVIER BECERRA Attorney General of California CHRISTOPHER J. BECKER Supervising Deputy Attorney General 8 9 10 /s/ Diana Esquivel 11 DIANA ESQUIVEL Deputy Attorney General Attorneys for Defendants 12 13 14 Dated: December 18, 2017 HADSELL STORMER & RENICK LLP 15 /s/ Lori Rifkin (as authorized 12/18/17) 16 DAN STORMER LORI RIFKIN CAITLAN MCLOON Attorneys for Plaintiff 17 18 19 SA2014313303 32822441.doc 20 21 ORDER 22 23 Based on the parties’ stipulation, this action is dismissed with prejudice. 24 IT IS SO ORDERED. 25 DATED: December 20, 2017. 26 UNITED STATES DISTRICT JUDGE 27 28 2 Stipulation for Voluntary Dismissal of Action with Prejudice; Order (2:14-cv-1118 KJM-CKD)

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