Porter v. City of Davis Police Department et al

Filing 42

STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 5/8/17 ORDERING that Plaintiff's Negligent Infliction of Emotional Distress claims against Defendants are DISMISSED with prejudice; Any and all claims arising under 4 2 U.S.C. section 1983 for violation of the First Amendment of the United States Constitution against Defendants are DISMISSED with prejudice; Any and all claims arising under 42 U.S.C. section 1981 for Equal rights Under the Law against Defendants are DISMISSED with prejudice. Each party shall bear its/his own attorney fees and costs incurred in regard to theprosecution and defense of the above-dismissed claims. CASE CLOSED(Becknal, R)

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AMIE McTAVISH, ESQ., SB No. 242372
Email: [e-mail]
SEAN D. O’DOWD, ESQ., SB No. 296320
Email: [e-mail]
ANGELO, KILDAY & KILDUFF, LLP
Attorneys at Law
601 University Avenue, Suite 150
Sacramento, CA 95825
Telephone: [phone]

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Telecopier: [phone]

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Attorneys for Defendants CITY OF DAVIS (erroneously sued herein as CITY OF DAVIS
POLICE DEPARTMENT), JEFF VIGNAU, and DEREK RUSSELL

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LASONJA PORTER, an individual,
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)
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Plaintiff,
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vs.
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CITY OF DAVIS POLICE DEPARTMENT, et)
al.,
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Defendants.
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______________________________________ )

Case No.: 2:14-cv-02984-KJM-DB

STIPULATION TO DISMISS VARIOUS
CAUSES OF ACTION AGAINST
DEFENDANTS; ORDER
Honorable Kimberly J. Mueller

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TO THE COURT, TO ALL PARTIES, AND TO THEIR COUNSEL OF RECORD:

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Pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), Plaintiff LASONJA PORTER

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(“Plaintiff”) and Defendants CITY OF DAVIS (erroneously sued herein as CITY OF DAVIS

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POLICE DEPARTMENT), JEFF VIGNAU, and DEREK RUSSELL (hereinafter collectively

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referred to as “Defendants”), by and through their undersigned counsel, hereby stipulate as

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follows:

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1)

Plaintiff’s Negligent Infliction of Emotional Distress claims against Defendants

are dismissed with prejudice;
2)

Any and all claims arising under 42 U.S.C. section 1983 for violation of the First

Amendment of the United States Constitution against Defendants are dismissed with prejudice;

-1STIPULATION FOR DISMISSAL OF ACTION AND ORDER

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3)

Any and all claims arising under 42 U.S.C. section 1981 for Equal rights Under the

Law against Defendants are dismissed with prejudice.

Each party shall bear its/his own attorney fees and costs incurred in regard to the
prosecution and defense of the above-dismissed claims.
IT IS SO STIPULATED.

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Dated: May 8, 2017

ANGELO, KILDAY & KILDUFF, LLP
/s/ Sean D. O’Dowd
By:_________________________________
AMIE McTAVISH
SEAN D. O’DOWD
Attorneys for Defendants

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Dated: May 2, 2017

LAW OFFICES OF KELLAN
PATTERSON

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/s/ Kellan S. Patterson (as authorized on
5/2/17)
By:_________________________________
KELLAN S. PATTERSON
Attorney for Plaintiff, LASONJA PORTER

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-2STIPULATION FOR DISMISSAL OF ACTION AND ORDER

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ORDER
Having reviewed the above Stipulation, and good cause appearing, IT IS HEREBY

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ORDERED that:

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1)

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Plaintiff’s Negligent Infliction of Emotional Distress claims against Defendants

are dismissed with prejudice;
2)

Any and all claims arising under 42 U.S.C. section 1983 for violation of the First

Amendment of the United States Constitution against Defendants are dismissed with prejudice;

3)

Any and all claims arising under 42 U.S.C. section 1981 for Equal rights Under the

Law against Defendants are dismissed with prejudice.

Each party shall bear its/his own attorney fees and costs incurred in regard to the
prosecution and defense of the above-dismissed claims.
IT IS SO ORDERED.
DATED: May 8, 2017

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UNITED STATES DISTRICT JUDGE

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-3STIPULATION FOR DISMISSAL OF ACTION AND ORDER