Adam et al v. Brzyscz et al

Filing 34

STIPULATION and ORDER 33 for dismissal of certain claims signed by Senior Judge William B. Shubb on 12/21/2015. The claims against County of Sacramento brought by plaintiffs Margarita Ydrogo; Josefa Duran, by and through her power of attorney, Grac e Duran; Grace Duran; Catarina Rodriguez; Antonio Duran; Anita Felix; Jose Felix; Alex Felix III; Aiden F., by and through his father Alex Felix; Penelope F., by and through her father, Alex Felix; Jorge Campos; Alexis Sandoval; Alizza Mares; Davina Sanchez; Juan Sanchez; Mikkayla Gutierrez; Santino S., by and through his mother Davina Sanchez; Julian S., by and through his mother Davina Sanchez; Destiny C., by and through her mother Davina Sanchez; Danny Garcia; and Samuel Duran are DISMISSED WITHOUT PREJUDICE. (Marciel, M)

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CREGGER & CHALFANT LLP
ROBERT L. CHALFANT, SBN 203051
Email: [e-mail]
ALEXANDER L. NOWINSKI, SBN 304967
Email: [e-mail]
701 University Avenue, Suite 110
Sacramento, CA 95825
Phone: [phone]
Fax: [phone]
Attorneys for Defendant,
COUNTY OF SACRAMENTO

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LOREN L. LUNSFORD, SBN 213966
AMBER LUNSFORD, SBN 276908
LUNSFORD LEGAL GROUP
980 Ninth Street, 16th Floor
Sacramento, CA 95814
Telephone: [phone]

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Attorneys for Plaintiffs,

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SARA ADAM, et al.,

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No.: 2:14-cv-02795 WBS CKD

Plaintiffs,
vs.
BRET BRZYSCZ, CITY OF
ROSEVILLE, COUNTY OF PLACER,
COUNTY OF SACRAMENTO, and
DOES 1 THROUGH 50,

JOINT STIPULATION TO DISMISS
CERTAIN CLAIMS BY PLAINTIFFS
AGAINST COUNTY OF SACRAMENTO;
ORDER THEREON

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Defendants.

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WHEREAS plaintiffs SARA ADAM, JESSE HEREDIA, ISABELLA H., MYA H.,

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MARGARITA YDROGO, JOSEFA DURAN, GRACE DURAN, CATRINA RODRIGUEZ,

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ANTONIO DURAN, ANITA FELIX, JOSE FELIX, ALEX FELIX III, GISELLE F., AIDEN F.,

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PENELOPE F., JORGE CAMPOS, ALEXIS SANDOVAL, ALIZZA MARES, DAVINA

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SANCHEZ, JUAN SANCHEZ, MIKKAYLA GUTIERREZ, SANTINO S., JULIAN S.,

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DESTINY C., DANNY GARCIA and SAMUEL DURAN filed a Complaint against defendant

CREGGER & CHALFANT, LLP.
701 University Ave., #110
Sacramento, CA 95825
[phone]

STIP. RE: DISMISSAL OF CERTAIN PLAINTIFFS’
CLAIMS AGAINST COUNTY OF SACRAMENTO
No.: 2:14-cv-02795 WBS CKD

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COUNTY OF SACRAMENTO on November 29, 2014, alleging constitutional violations rising
from the execution of search warrants at several residences;
WHEREAS, the parties presently agree that employees of the County of Sacramento
participated in the execution of a search warrant at only one of the locations referenced in the
Complaint, namely, 5612 Forestwood Drive in Sacramento County;
WHEREAS, the only plaintiffs who were at 5612 Forestwood Drive at the time of the
search were SARA ADAM, JESSE HEREDIA, ISABELLA H., and MYA H.;
WHEREAS the parties agree that none of the additional plaintiffs, other than those located
at 5612 Forestwood Drive, have any claims against defendant County of Sacramento; and
WHEREAS, the parties wish to narrow the claims and issues in this matter in order to
avoid unnecessary, costly, and time-consuming discovery and motions practice;

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THEREFORE, the parties hereby stipulate, by and through their counsel of record, as
follows:
1.

All claims in the Complaint, brought against the County of Sacramento by

plaintiffs who were not present at the 5612 Forestwood Drive address, shall be dismissed without
prejudice;
2.

The plaintiffs dismissing without prejudice the claims alleged in the Complaint

against the County of Sacramento are:

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(1)

Margarita Ydrogo

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(2)

Josefa Duran, by and through her power of attorney, Grace Duran

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(3)

Grace Duran

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(4)

Catarina Rodriguez

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(5)

Antonio Duran

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(6)

Anita Felix

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(7)

Jose Felix

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(8)

Alex Felix III

CREGGER & CHALFANT, LLP.
701 University Ave., #110
Sacramento, CA 95825
[phone]

STIP. RE: DISMISSAL OF CERTAIN PLAINTIFFS’
CLAIMS AGAINST COUNTY OF SACRAMENTO
No.: 2:14-cv-02795 WBS CKD

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(9)

Aiden F., by and through his father Alex Felix

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(10)

Penelope F., by and through her father Alex Felix

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(11)

Jorge Campos

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(12)

Alexis Sandoval

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(13)

Alizza Mares

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(14)

Davina Sanchez

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(15)

Juan Sanchez

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(16)

Mikkayla Gutierrez

(17)

Santino S., by and through his mother Davina Sanchez

(18)

Julian S., by and through his mother Davina Sanchez

(19)

Destiny C., by and through her mother Davina Sanchez

(20)

Danny Garcia

(21)

Samuel Duran

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3.

The following plaintiffs continue to assert claims against the County of

Sacramento:

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(1)

Sara Adam

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(2)

Jesse Heredia

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(3)

Isabella H.

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(4)

Mya H.

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IT IS SO STIPULATED.

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DATE: December 16, 2015

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/s/ Alexander L. Nowinski
ROBERT L. CHALFANT
ALEXANDER L. NOWINSKI
CREGGER & CHALFANT LLP
Attorneys for Defendant COUNTY OF
SACRAMENTO

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CREGGER & CHALFANT, LLP.
701 University Ave., #110
Sacramento, CA 95825
[phone]

STIP. RE: DISMISSAL OF CERTAIN PLAINTIFFS’
CLAIMS AGAINST COUNTY OF SACRAMENTO
No.: 2:14-cv-02795 WBS CKD

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DATE: December 17, 2015

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/s/ Loren L. Lunsford
LOREN L. LUNSFORD
AMBER LUNSFORD
Attorneys for Plaintiffs SARA ADAM, JESSE
HEREDIA,
ISABELLA
H.,
MYA
H.,
MARGARITA YDROGO, JOSEFA DURAN,
GRACE DURAN, CATRINA RODRIGUEZ,
ANTONIO DURAN, ANITA FELIX, JOSE FELIX,
ALEX FELIX III, GISELLE F., AIDEN F.,
PENELOPE F., JORGE CAMPOS, ALEXIS
SANDOVAL, ALIZZA MARES, DAVINA
SANCHEZ, JUAN SANCHEZ, MIKKAYLA
GUTIERREZ, SANTINO S., JULIAN S.,
DESTINY C., DANNY GARCIA and SAMUEL
DURAN

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ORDER

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After considering the stipulation by and between the parties through their counsel of
record, the Court orders that:
1.

The claims against the County of Sacramento brought by plaintiffs Margarita

Ydrogo; Josefa Duran, by and through her power of attorney, Grace Duran; Grace Duran;
Catarina Rodriguez; Antonio Duran; Anita Felix; Jose Felix; Alex Felix III; Aiden F., by and
through his father Alex Felix; Penelope F., by and through her father Alex Felix; Jorge Campos;
Alexis Sandoval; Alizza Mares; Davina Sanchez; Juan Sanchez; Mikkayla Gutierrez; Santino S.,
by and through his mother Davina Sanchez; Julian S., by and through his mother Davina Sanchez;
Destiny C., by and through her mother Davina Sanchez; Danny Garcia; and Samuel Duran are
DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.
Dated: December 21, 2015

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CREGGER & CHALFANT, LLP.
701 University Ave., #110
Sacramento, CA 95825
[phone]

STIP. RE: DISMISSAL OF CERTAIN PLAINTIFFS’
CLAIMS AGAINST COUNTY OF SACRAMENTO
No.: 2:14-cv-02795 WBS CKD

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