Gardner v. California Highway Patrol et al

Filing 80

STIPULATION and ORDER signed by Judge John A. Mendez on 11/10/15: The Sixth Cause of Action for malicious prosecution in the Third Amended Complaint is hereby dismissed. (Kaminski, H)

ERIC ALAN BERG (#121195)
RYAN BIRSS (#296316)
2 Berg & Associates
5000 Bechelli Lane, Suite 201
3 Redding, CA 96002
[phone]
4 [phone] FAX
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5000 Bechelli Lane, Suite 201 Redding, CA 96002
Phone: [phone]
Fax: [phone]

BERG AND ASSOCIATES
A LAW CORPORATION

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Attorneys for Plaintiff
KAMALA D. HARRIS (#146672)
Attorney General of California
ALBERTO L. GONZALEZ (#117605)
Supervising Deputy Attorney General
CATHERINE WOODBRIDGE GUESS (#186186)
Deputy Attorney General
1300 I Street, Suite 125
P. O. Box 944255
Sacramento, CA 94244-2550
[phone]
[phone] FAX
Attorneys for Defendants California Highway
Patrol and Officer Fischer

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
DREW GARDNER,

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Plaintiff,
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-vs)
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CALIFORNIA HIGHWAY
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PATROL, et al.,
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Defendants.
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______________________________ )

NO. 2:14-CV-02730-JAM-CMK
VOLUNTARY JOINT
STIPULATION FOR
DISMISSAL OF SIXTH
CAUSE OF ACTION FOR
MALICIOUS PROSECUTION
AND ORDER THEREON
Complaint filed: 10-17-14
Trial date: N/A

Pursuant to the provisions of F.R.C.P. Rule 41, counsel for Plaintiff DREW
Gardner v. California Highway Patrol, et al., #2:14-cv-02730-JAM-CMK–Voluntary Joint Stipulaton for Dismissal of Sixth
Cause of Action, etc.; Order

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GARDNER and counsel for Defendants CALIFORNIA HIGHWAY PATROL and

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OFFICE FISCHER, hereby stipulate to the dismissal of the Sixth Cause of Action

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of the Third Amended Complaint against Defendants CALIFORNIA HIGHWAY

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PATROL and OFFICER FISCHER. Said parties respectfully request that this

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Court issue an Order of dismissal of said cause of action as to said Defendants.

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DATED: November 10, 2015

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/s/________________________________
CATHERINE BURNS
Attorney for Plaintiff DREW GARDNER

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DATED: November 10, 2015

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/s/__________________________________
CATHERINE WOODBRIDGE GUESS
Attorney for Defendants CALIFORNIA
HIGHWAY PATROL and OFFICER
FISCHER

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Gardner v. California Highway Patrol, et al., #2:14-cv-02730-JAM-CMK–Voluntary Joint Stipulaton for Dismissal of Sixth
Cause of Action, etc.; Order

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ORDER DISMISSING SIXTH CAUSE OF ACTION
PURSUANT TO STIPULATION AND GOOD CAUSE APPEARING
THEREFOR, IT IS HEREBY ORDERED that the Sixth Cause of Action for
malicious prosecution in the Third Amended Complaint filed by Plaintiff DREW
GARDNER against Defendants CALIFORNIA HIGHWAY PATROL and
OFFICER FISCHERis hereby dismissed.
DATED: 11/10/2015
/s/ John A. Mendez
JUDGE OF THE UNITED STATES
UNITED STATES DISTRICT COURT,
EASTERN DISTRICT OF CALIFORNIA

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PROOF OF SERVICE
Pursuant to Rule 5(b), Federal Rules of Civil Procedure, I

hereby declare

Gardner v. California Highway Patrol, et al., #2:14-cv-02730-JAM-CMK–Voluntary Joint Stipulaton for Dismissal of Sixth
Cause of Action, etc.; Order

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that I am employed by the law office of Berg & Associates, at 5000 Bechelli
Lane, Suite 201, Redding, in the County of Shasta, State of California, and
over the age of 18 years and not a party to the above-referenced action.
On this 10th day of November, 2015, I caused to be served on all interested
parties, through their respective attorneys of record, in the above-referenced
matter, a true and correct copy of the following document:
VOLUNTARY JOINT STIPULATION FOR DISMISSAL OF SIXTH CAUSE OF ACTION FOR
MALICIOUS PROSECUTION AND ORDER

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__x____by U.S. Mail by depositing same, in a sealed envelope upon which first
class postage was fully prepaid,with the United States Postal Service, at
Redding, California, addressed as follows:

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______by electronic service based on a court order or an agreement of the parties
to accept service by electronic
transmission, I caused the documents to
be sent to the persons at the electronic notification addresses listed on the
service list below:
CATHERINE WOODBRIDGE GUESS
Deputy Attorney General
P. O. Box 944255
Sacramento, CA 94244-2550
[e-mail]
GREGORY T. FAYARD
Klinedinst PC
801 K Street, Suite 2100
Sacramento, CA 95814
[e-mail]

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ANNE L. KECK
Keck Law Offices
418 B Street, Suite 206
Santa Rosa, CA 95401
[e-mail]

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I declare that I am employed in the office of a member of the Bar of this
Court at whose direction the service was made.
Executed this 10 th day of November, 2015, at Redding, California.

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_/s/_____________________________

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Gardner v. California Highway Patrol, et al., #2:14-cv-02730-JAM-CMK–Voluntary Joint Stipulaton for Dismissal of Sixth
Cause of Action, etc.; Order

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