Blight v. Manteca et al

Filing 58

STIPULATION AND ORDER signed by Magistrate Judge Allison Claire on 2/21/17 ORDERING that defendants: Ranch Johnson, Mike Keener, Armen Avakian and Kirk Doty are DISMISSED without prejudice. (Becknal, R)

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Attorneys for Defendants
CITY OF MANTECA, ARMANDO GARCIA, RANCH
JOHNSON, KIRK DOTY, MIKE KEENER, IAN
OSBORN, ARMEN AVAKIAN, PAUL CARMONA and
CHRIS S. MRAZ

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180 Montgomery Street, Suite 1200
San Francisco, California 94104

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

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DALE L. ALLEN, JR., State Bar No. 145279
[e-mail]
KEVIN P. ALLEN, State Bar No. 252290
[e-mail]
ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP
180 Montgomery Street, Suite 1200
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]

UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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Case No.: 2:15-cv-02513-WBS-AC

JOANNE BLIGHT,
Plaintiff,

STIPULATION AND ORDER FOR
DISMISSAL OF CERTAIN DEFENDANTS

v.
CITY OF MANTECA, a Municipal
Corporation, Manteca Police Department
Detectives ARMANDO GARCIA,
Individually, RANCH JOHNSON,
Individually, KIRK DOTY, Individually,
MIKE KEENER, Individually, IAN
OSBORN, Individually, and ARMEN
AVAKIAN, Individually, Manteca Police
Department Sergeants PAUL CARMONA
and CHRIS S. MRAZ, in their Individual
and Supervisory capacities, and DOES 1
THROUGH 60, Jointly and Severally,
Defendants.

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Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), IT IS HEREBY

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STIPULATED among the parties, through their respective counsel, that the following defendants

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be dismissed without prejudice.
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157973.1

DISMISSAL
2:15-CV-02513-WBS-AC

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RANCH JOHNSON;

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KIRK DOTY;

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MIKE KEENER; and

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ARMEN AVAKIAN

The parties further stipulate to the following:

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1.

That the dismissed Defendants named above and the Plaintiff will each bear their
own fees and costs solely as to the dismissed Defendants. In other words, each side

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bears its own fees and costs (including attorneys’ fees) in the above-captioned

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lawsuit relating to this dismissal of RANCH JOHNSON, KIRK DOTY, MIKE

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KEENER, and ARMEN AVAKIAN only. However, this stipulated dismissal and

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this provision of the instant Stipulation shall not be construed in any future

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proceeding as a waiver of the prevailing party’s right under 42 U.SC. 1988(b) or

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California Civil Code 52.1(h) (or any other attorney fee provision alleged in this

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lawsuit) to recover attorney’s fees for time expended in the litigation in matters

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related to the dismissed Defendants, such as written discovery, depositions, and

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180 Montgomery Street, Suite 1200
San Francisco, California 94104

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

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other matters, to the extent it is otherwise recoverable.

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2.

That Defendants’ counsel of record, ALLEN, GLAESSNER, HAZELWOOD &

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WERTH, represent they are authorized to and will accept service of trial

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subpoenas in the above-captioned lawsuit on behalf of RANCH JOHNSON, KIRK

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DOTY, MIKE KEENER, and ARMEN AVAKIAN.

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Respectfully Submitted,
Dated: February 21, 2017

LAW OFFICES OF SANJAY S. SCHMIDT

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By:

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/s/ Sanjay S. Schmidt
SANJAY S. SCHMIDT
Attorneys for Plaintiff
JOANNE BLIGHT

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2
157973.1

DISMISSAL
2:15-CV-02513-WBS-AC

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Dated: February 21, 2017

ALLEN, GLAESSNER,
HAZELWOOD & WERTH, LLP

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By:

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/s/ Kevin P. Allen
DALE L. ALLEN, JR.
KEVIN P. ALLEN
Attorneys for Defendants
CITY OF MANTECA, ARMANDO
GARCIA, RANCH JOHNSON, KIRK DOTY,
MIKE KEENER, IAN OSBORN, ARMEN
AVAKIAN, PAUL CARMONA and CHRIS
S. MRAZ

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PURSUANT TO THE STIPULATION SET FORTH ABOVE, IT IS SO ORDERED.

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180 Montgomery Street, Suite 1200
San Francisco, California 94104

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

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DATED: February 21, 2017

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157973.1

DISMISSAL
2:15-CV-02513-WBS-AC