Brooks v. City of Vallejo

Filing 25

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 6/1/2018 APPROVING 24 Stipulation for Dismissal of Certain Parties and Causes of Action in the 11 First Amended Complaint. (York, M)

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CLAUDIA M. QUINTANA
City Attorney, SBN 178613
BY: KELLY J. TRUJILLO
Assistant City Attorney, SBN 244286
CITY OF VALLEJO, City Hall
555 Santa Clara Street, P.O. Box 3068
Vallejo, CA 94590
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendants, CITY OF VALLEJO, et al.

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JOHN L. BURRIS ESQ., SBN 69888
BENJAMIN NISENBAUM, ESQ., SBN 222173
JAMES COOK, ESQ., SBN 300212
LAW OFFICES OF JOHN L. BURRIS
Airport Corporate Centre
7677 Oakport Street, Suite 1120
Oakland, California 94621
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiff, JIMMY BROOKS
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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JIMMY BROOKS, an individual,

Case No: 2:16-cv-02376-WBS-EFB

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Plaintiff,
STIPULATION RE DISMISSAL OF
CERTAIN PARTIES AND CAUSES OF
ACTION IN THE FIRST AMENDED
COMPLAINT and [PROPOSED]
ORDER

vs.
CITY OF VALLEJO, a municipal
corporation; and DOES 1-50, inclusive,
individually, jointly and severally,

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Defendants.

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Case No. 2:16-cv-02376-WBS-EFB

STIPULATION RE DISMISSAL and
[PROPOSED] ORDER

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The parties hereby stipulate and agree as follows:
1. The First Cause of Action for Violation of the Fourth Amendment of the United States
Constitution – Unlawful Seizure against all defendants is dismissed with prejudice.
2. The Third Cause of Action for Monell – 42 U.S.C. §1983 against the City of Vallejo is
dismissed with prejudice.

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3. Defendants Ted Postolaki, Spencer Bottomley, and Jesse Hicks sued in their individual

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and official capacities in the First Amended Complaint are dismissed from the entire

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complaint with prejudice.

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4. The Second, Fourth, Fifth, Sixth and Seventh Causes of Action remain in effect as

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against the remaining defendants: Jesse Irvin, Zach Jacobsen, Matt Samida and James

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Duncan.

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SO STIPULATED.

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DATED: May 31, 2018

Respectfully submitted,

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/s/ Kelly J. Trujillo
KELLY J. TRUJILLO
Assistant City Attorney
Attorney for CITY OF VALLEJO, et al.

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DATED: May 31, 2018
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/s/ James Cook
James Cook
Ben Nisenbaum
Attorneys for Plaintiff
Law Offices of John Burris

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Case No. 2:16-cv-02376-WBS-EFB

STIPULATION RE DISMISSAL and
[PROPOSED] ORDER

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ORDER
IT IS HEREBY SO ORDERED.

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Dated: June 1, 2018

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Case No. 2:16-cv-02376-WBS-EFB

STIPULATION RE DISMISSAL and
[PROPOSED] ORDER

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