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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?