Webb v. County of El Dorado, et al.,

Filing 48

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 10/12/2016 ORDERING the action DISMISSED. CASE CLOSED. (Jackson, T)

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C. Christine Maloney, SBN 226575
Foster Employment Law
3000 Lakeshore Ave.
Oakland, CA 94610
Phone: [phone]
E-mail: [e-mail]
Attorneys for Defendant COUNTY OF EL DORADO
Bradley S. Thomas, SBN 78946
The Thomas Law Firm
1756 Picasso Ave., Suite A
Davis, CA 95618
Phone: [phone]
E-mail: [e-mail]
Attorneys for Defendant VERNON PIERSON

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Cori R. Sarno, SBN 230559
Angelo, Kilday & Kilduff, LLP
601 University Ave., Suite 150
Sacramento, CA 95825
Phone: [phone]
E-mail: [e-mail]
Attorneys for Defendant PAMELA KNORR

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Douglas E. Watts, SBN 182274

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193 Blue Ravine Rd., Suite 100
Folsom, CA 95630
Telephone: [phone]
E-mail: [e-mail]

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WATTS LAW OFFICES

Attorneys for Plaintiff KELLY WEBB

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KELLY WEBB,

Case No. 2:15-cv-01189-KJM-EFB
Plaintiff,

STIPULATION AND ORDER DISMISSING ACTION

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v.

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COUNTY OF EL DORADO; PAMELA
KNORR; VERNON PIERSON; JOSEPH
HARN; and DOES 1 through 50 Inclusive,

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Status Conference: Oct. 13, 2016
Time:
2:30 p.m.

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Defendants

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-1STIPULATION AND ORDER DISMISSING ACTION
WEBB V. COUNTY OF EL DORADO, ET AL., CASE NO. 2:15-CV-01189-KJM-EFB

I.

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STIPULATION

The parties, by and t hrough their undersigned counsel, agree and stipulate as
follows:
1.

The operative pleading in this action is Plaintiff’s First Amended Complaint

(“FAC”). (Docket No. 26). On July 25, 2016, the Court issued an Order (Docket No. 42),

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granting Defendant County’s motion to dismiss Plaintiff’s cause of action under 42 U.S.C.

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§1983 in the FAC without leave to amend and granting Defendant County’s, Knorr’s and

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Pierson’s motions to dismiss Plaintiff’s causes of action under 42 U.S.C. §§1985 and 1986

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with leave to amend.
2.

The Court allowed Pl aintiff 21 d ays to file a further amended p leading.

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(Docket No. 43). Plaintiff did not f urther amend. Accordingly, all of Plaintiff’s federal

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claims against all defendants are now dismissed with prejudice pursuant to Federal Rule

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of Civil Procedure 12(b)(6). N o claims remain over which this court has original

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jurisdiction.
3.

Pursuant to 28 U.S.C. §1367(c)(3) and Federal Rule of Ci vil Procedure

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41(a)(1)(A)(ii), the parties stipulate and a gree that Plaintiff’s remaining state law causes

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of action (causes of action 4 through 7 in the FAC) shall be dismissed without prejudice

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as to Defendant County.

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4.

Pursuant to 28 U.S.C. §1367(d), the statute of limitations on Plaintiff’s fourth

through seventh causes of action in the FAC against the County shall be tolled for 30
days from the date of this order is entered, to allow Plaintiff time to file in state court.

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5.

The parties further stipulate and agree that the Status Conference set for

October 13, 2016 is no longer necessary and should be cancelled.

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-2STIPULATION AND ORDER DISMISSING ACTION
WEBB V. COUNTY OF EL DORADO, ET AL., CASE NO. 2:15-CV-01189-KJM-EFB

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It is so stipulated:

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Oct. 6, 2016

FOST

/s/ C. Christine Maloney
By: _______________________________
C. Christine Maloney, Esq.
ttorneys for Defendant COUNTY OF EL
DORADO

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ER EMPLOYMENT LAW

A

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Oct. 6, 2016

ANGELO, KILDAY & KILDUFF, LLP
/s/ Cori Sarno
By: _______________________________
Cori Sarno, Esq.
ttorneys for Defendant PAMELA KNORR

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A
Oct. 6, 2016

THE THOMAS LAW FIRM

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/s/ Bradley Thomas
By: _______________________________
Bradley S. Thomas, Esq.
ttorneys for Defendant VERNON
PIERSON

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A

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Oct. 6, 2016

WATTS

LAW OFFICES
/S/ Douglas E. Watts
By: _______________________________
Douglas E. Watts, Esq.
Attorneys for Plaintiff

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-3STIPULATION AND ORDER DISMISSING ACTION
WEBB V. COUNTY OF EL DORADO, ET AL., CASE NO. 2:15-CV-01189-KJM-EFB

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II. ORDER

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The Court has read and considered the foregoing stipulation of the parties and

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hereby orders as follows:
The first through third causes of action in the First Amended Complaint, alleging

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claims under 42 U.S.C. §§1983, 1985 and 1986, are DISMISSED WITH PREJUDICE as to all

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defendants pursuant to this Court’s Order dated July 25, 2016 and Rule 12(b)(6) of the

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Federal Rules of Civil Procedure.

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The fourth through seventh causes of action in the First Amended Complaint,
which allege discrimination and retaliation claims under state law, are DISMISSED

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WITHOUT PREJUDICE as to Defendant County based upon the absence of any

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remaining claim over which this Court has original jurisdiction pursuant to 28 U.S.C.

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§1367(c)(3). The statute of limitations on the fourth through seventh causes of action in

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the FAC shall be tolled for 30 days from the date of this Order to allow Plaintiff time to re-

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file in state court, if she so chooses.

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The Status Conference set for October 13, 2016 is hereby vacated.

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In light of the above, the Clerk of the Court is directed to close the file and enter

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judgment in favor of defendants accordingly.
IT IS SO ORDERED.
Dated: October 12, 2016.

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UNITED STATES DISTRICT JUDGE

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-4STIPULATION AND ORDER DISMISSING ACTION
WEBB V. COUNTY OF EL DORADO, ET AL., CASE NO. 2:15-CV-01189-KJM-EFB