Perales v. City of Lodi et al

Filing 15

ORDER signed by District Judge Morrison C. England, Jr. on 1/31/2017 DISMISSING CASE with prejudice, pursuant to FRCP 41(a)(l)(A)(ii); each side to bear its own costs and attorneys' fees; the Clerk of the Court is directed to close the file. CASE CLOSED (Reader, L)

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CAROLEE G. KILDUFF, ESQ., SB No. 107232
Email: [e-mail]
SERENA M. WARNER, ESQ., SB No. 264799
Email: [e-mail]
ANGELO, KILDAY & KILDUFF, LLP
Attorneys at Law
601 University Avenue, Suite 150
Sacramento, CA 95825
Telephone: [phone]
Telecopier: [phone]

JANICE D. MAGDICH, ESQ., SBN: 188278
Email: [e-mail]
City Attorney, City of Lodi
P.O. Box 3006
Lodi, CA 95241
Telephone: [phone]

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Fax: [phone]

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Attorneys for Defendants CITY OF LODI and ED FITZPATRICK

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ANDREW PERALES, an individual

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Plaintiff,
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vs.
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CITY OF LODI; ED FITZPATRICK, an
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individual; and DOES 1 through 50, inclusive, )
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Defendants.
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______________________________________ )

Case No.: 2:15-cv-01107-MCE-CKD
STIPULATION FOR DISMISSAL OF
ACTION WITH PREJUDICE
PURSUANT TO FRCP 41(a)(1)(A)(ii);
ORDER THEREON

WHEREAS, the parties to this action have reached a settlement which resolves all claims
including claims for attorney’s fees and costs, without any admission of liability;
WHEREAS, The settlement has now been fully executed;
IT IS HEREBY STIPULATED, by and between Plaintiff ANDREW PERALES and
Defendants CITY OF LODI and ED FITZPATRICK, through their respective counsel, in
-1STIPULATION FOR DISMISSAL OF ACTION WITH PREJUDICE PURSUANT TO FRCP
41(a)(1)(A)(ii); ORDER THEREON

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accordance with Federal Rule of Civil Procedure 41(a)(1)(A)(ii), that this action and all

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defendants shall be dismissed with prejudice, with each side to bear their own costs and

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attorneys' fees in accordance with the terms of the settlement agreement executed by the parties.

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Dated: January 31, 2017

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/s/ Carolee G. Kilduff
By:_________________________________
CAROLEE G. KILDUFF
SERENA M. WARNER
Attorneys for Defendants,
CITY OF LODI and
ED FITZPATRICK

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ANGELO, KILDAY & KILDUFF, LLP

Dated: January 31, 2017

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BASHAM LAW GROUP
/s/ Gary R. Basham
By:_________________________________
GARY R. BASHAM
NATHAN T. JACKSON
Attorneys for Plaintiff,
ANDREW PERALES

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ORDER

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In accordance with the foregoing stipulation, and good cause appearing, the above-

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entitled action is hereby dismissed, with prejudice, each side to bear its own costs and attorneys’

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fees. The matter having now been resolved in its entirety, the Clerk of Court is directed to close

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the file.

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IT IS SO ORDERED.
Dated: January 31, 2017

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-2STIPULATION FOR DISMISSAL OF ACTION WITH PREJUDICE PURSUANT TO FRCP
41(a)(1)(A)(ii); ORDER THEREON