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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1 2 3 4 5 6 7 8 C. Christine Maloney, SBN 226575 Foster Employment Law 3000 Lakeshore Ave. Oakland, CA 94610 Phone: (510) 763-1900 E-mail: cmaloney@fosteremploymentlaw.com 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: (530) 757-0883 E-mail: Brad@thomaslawca.com Attorneys for Defendant VERNON PIERSON 12 Cori R. Sarno, SBN 230559 Angelo, Kilday & Kilduff, LLP 601 University Ave., Suite 150 Sacramento, CA 95825 Phone: (916) 564-6100 E-mail: Csarno@akk-law.com Attorneys for Defendant PAMELA KNORR 13 Douglas E. Watts, SBN 182274 14 193 Blue Ravine Rd., Suite 100 Folsom, CA 95630 Telephone: (916) 673-9008 E-mail: dwatts@wattslaw-norcal.com 9 10 11 15 16 WATTS LAW OFFICES Attorneys for Plaintiff KELLY WEBB 17 18 UNITED STATES DISTRICT COURT 19 EASTERN DISTRICT OF CALIFORNIA 20 21 KELLY WEBB, Case No. 2:15-cv-01189-KJM-EFB Plaintiff, STIPULATION AND ORDER DISMISSING ACTION 22 v. 23 COUNTY OF EL DORADO; PAMELA KNORR; VERNON PIERSON; JOSEPH HARN; and DOES 1 through 50 Inclusive, 24 Status Conference: Oct. 13, 2016 Time: 2:30 p.m. 25 26 Defendants 27 28 -1STIPULATION AND ORDER DISMISSING ACTION WEBB V. COUNTY OF EL DORADO, ET AL., CASE NO. 2:15-CV-01189-KJM-EFB I. 1 2 3 4 5 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), 6 7 granting Defendant County’s motion to dismiss Plaintiff’s cause of action under 42 U.S.C. 8 §1983 in the FAC without leave to amend and granting Defendant County’s, Knorr’s and 9 Pierson’s motions to dismiss Plaintiff’s causes of action under 42 U.S.C. §§1985 and 1986 10 11 with leave to amend. 2. The Court allowed Pl aintiff 21 d ays to file a further amended p leading. 12 (Docket No. 43). Plaintiff did not f urther amend. Accordingly, all of Plaintiff’s federal 13 claims against all defendants are now dismissed with prejudice pursuant to Federal Rule 14 of Civil Procedure 12(b)(6). N o claims remain over which this court has original 15 16 17 jurisdiction. 3. Pursuant to 28 U.S.C. §1367(c)(3) and Federal Rule of Ci vil Procedure 18 41(a)(1)(A)(ii), the parties stipulate and a gree that Plaintiff’s remaining state law causes 19 of action (causes of action 4 through 7 in the FAC) shall be dismissed without prejudice 20 as to Defendant County. 21 22 23 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. 24 25 26 5. The parties further stipulate and agree that the Status Conference set for October 13, 2016 is no longer necessary and should be cancelled. 27 28 -2STIPULATION AND ORDER DISMISSING ACTION WEBB V. COUNTY OF EL DORADO, ET AL., CASE NO. 2:15-CV-01189-KJM-EFB 1 It is so stipulated: 2 3 4 Oct. 6, 2016 FOST /s/ C. Christine Maloney By: _______________________________ C. Christine Maloney, Esq. ttorneys for Defendant COUNTY OF EL DORADO 5 6 7 ER EMPLOYMENT LAW A 8 9 Oct. 6, 2016 ANGELO, KILDAY & KILDUFF, LLP /s/ Cori Sarno By: _______________________________ Cori Sarno, Esq. ttorneys for Defendant PAMELA KNORR 10 11 12 13 A Oct. 6, 2016 THE THOMAS LAW FIRM 14 /s/ Bradley Thomas By: _______________________________ Bradley S. Thomas, Esq. ttorneys for Defendant VERNON PIERSON 15 16 A 17 18 19 20 21 Oct. 6, 2016 WATTS LAW OFFICES /S/ Douglas E. Watts By: _______________________________ Douglas E. Watts, Esq. Attorneys for Plaintiff 22 23 24 25 26 27 28 -3STIPULATION AND ORDER DISMISSING ACTION WEBB V. COUNTY OF EL DORADO, ET AL., CASE NO. 2:15-CV-01189-KJM-EFB 1 II. ORDER 2 The Court has read and considered the foregoing stipulation of the parties and 3 4 hereby orders as follows: The first through third causes of action in the First Amended Complaint, alleging 5 claims under 42 U.S.C. §§1983, 1985 and 1986, are DISMISSED WITH PREJUDICE as to all 6 defendants pursuant to this Court’s Order dated July 25, 2016 and Rule 12(b)(6) of the 7 Federal Rules of Civil Procedure. 8 9 The fourth through seventh causes of action in the First Amended Complaint, which allege discrimination and retaliation claims under state law, are DISMISSED 10 WITHOUT PREJUDICE as to Defendant County based upon the absence of any 11 remaining claim over which this Court has original jurisdiction pursuant to 28 U.S.C. 12 §1367(c)(3). The statute of limitations on the fourth through seventh causes of action in 13 the FAC shall be tolled for 30 days from the date of this Order to allow Plaintiff time to re- 14 file in state court, if she so chooses. 15 The Status Conference set for October 13, 2016 is hereby vacated. 16 In light of the above, the Clerk of the Court is directed to close the file and enter 17 18 19 judgment in favor of defendants accordingly. IT IS SO ORDERED. Dated: October 12, 2016. 20 21 UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28 -4STIPULATION AND ORDER DISMISSING ACTION WEBB V. COUNTY OF EL DORADO, ET AL., CASE NO. 2:15-CV-01189-KJM-EFB

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