Cook, et al. v. City of Fairfield, et al.

Filing 77

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 7/18/2018 ORDERING that this case is DISMISSED in its entirety with prejudice pursuant to the parties' stipulation. CASE CLOSED. (Fabillaran, J)

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Gregory M. Fox, State Bar No. 070876
Parry A. Black, State Bar No. 291472
BERTRAND, FOX, ELLIOT, OSMAN & WENZEL
The Waterfront Building
2749 Hyde Street
San Francisco, California 94109
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
[e-mail]
Attorneys for Defendant
CITY OF FAIRFIELD, REBECCA BELK,
AARON BERTSCH, FRANK PIRO
KELLY ROMBACH, ADAM BRUNIE,
CHRISTOPHER GRIMM,
And KEITH PULSIPHER

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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BILLY ROBERT COOK, MICHAEL JOHN
MAROULAS, AND BECKY SMISEK-GAGE,

Case No. 2:15-cv-02339-KJM-KJN

Plaintiffs,

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STIPULATION AND ORDER DISMISSING
ENTIRE ACTION WITH PREJUDICE

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v.

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CITY OF FAIRFIELD, a municipal
corporation; FORMER CITY OF FAIRFIELD
POLICE CHIEF WALT TIBBET, in his
individual and official capacities; REBECCA
BELK and AARON BERTSCH, individually
and in their official capacities as police
sergeants for the City of Fairfield, FRANK
PIRO, KELLY ROMBACH, MARK APLEY,
ADAM BRUNIE, CHRISTOPHER GRIMM,
KEITH PULSIPHER, and DOES 1-50,
individually and in their capacities as peace
officers,

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Defendants.

Hon. Kimberly J. Mueller

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STIPULATION AND ORDER DISMISSING ENTIRE ACTION WITH PREJUDICE
Cook, et al. v City of Fairfield, et al. Case No.: 2:15-cv-02339-KJM-KJN

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Plaintiffs Billy Robert Cook, Michael John Maroulas, and Becky Smisek-Gage, acting by and

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through their attorney of record, and defendants City of Fairfield, Rebecca Belk, Aaron Bertsch, Frank

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Piro, Kelly Rombach, Adam Brunie, Christopher Grimm, and Keith Pulsipher, acting by and through their

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attorney of record, have resolved this case in its entirety. The parties therefore stipulate to a dismissal of

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this action with prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(ii).

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Both parties respectfully request that the Court dismiss this action in its entirety with prejudice.

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The parties stipulate and respectfully request the court order the above stipulation.

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Dated: July 11, 2018

BERTRAND, FOX, ELLIOT, OSMAN & WENZEL

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By:

/s/ Gregory M. Fox
Gregory M. Fox
Attorney for Defendants

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Dated: July 11, 2018

LAW OFFICES OF JUSTIN KIRK TABAYOYON

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By:

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/s/ Justin K. Tabayoyon
Justin Kirk Tabayoyon
Attorney for Plaintiffs

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ELECTRONIC CASE FILING ATTESTATION

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I, Gregory M. Fox, am the ECF user whose identification and password are being used to file the

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foregoing documents. Pursuant to Civil Local Rule 131(e), I hereby attest that concurrence in the filing

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of these documents has been obtained from each of its Signatories.

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Dated: July 18, 2018

/s/ Gregory M. Fox
Gregory M. Fox

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STIPULATION AND ORDER DISMISSING ENTIRE ACTION WITH PREJUDICE
Cook, et al. v City of Fairfield, et al. Case No.: 2:15-cv-02339-KJM-KJN

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ORDER
Good Cause appearing the Stipulation is SO ORDERED. The case is dismissed in its entirety with

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prejudice.

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DATED: July 18, 2018.

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UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER DISMISSING ENTIRE ACTION WITH PREJUDICE
Cook, et al. v City of Fairfield, et al. Case No.: 2:15-cv-02339-KJM-KJN