Baldizon et al v. California Department of Corrections and Rehabilitation et al

Filing 49

ORDER signed by Senior Judge William B. Shubb on 5/10/2018 DISMISSING CASE with prejudice, pursuant to FRCP 41(a)(l)(A)(ii); each side to bear their own fees and costs. CASE CLOSED (Reader, L)

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Kresta Nora Daly, SBN 199689

BARTH DALY LLP
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431 "I" Street, Suite 201
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Plaintiffs

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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B ARTH D ALY

LLP
A TTORNEYS A T L AW
S ACRAMENTO , C ALIFORNIA

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JANETTE RAMIREZ, individually and as a
representative of the Estate of ROBERTO
BALDIZON, Deceased; ANA
JUSCAMAITA, individually and as a
representative of the Estate of ROBERTO
BALDIZON, Deceased; and THE ESTATE
OF ROBERTO BALDIZON,

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STIPULATION TO DISMISS AND
[PROPOSED] ORDER DISMISSING

Plaintiffs,

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Case No. 2:17-CV-00228-WBS-AC

v.
JEFFREY MACOMBER, individually and in
his official capacity as Former Warden of
California State Prison-Sacramento and
DOES 1 through 100, inclusive, in their official
and personal/individual capacities,

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Defendants.

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Plaintiffs, pursuant to Rule 41(a)(1)(A)(ii) move to dismiss the above captioned case with

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prejudice.
Plaintiffs filed this case on February 2, 2017. Defendants appeared on September 20,

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2017.
Plaintiffs believe this case no longer warrants prosecution. Since the opening of discovery

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Plaintiffs have obtained documents and evidence previously unavailable to Plaintiffs. That

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information leads Plaintiffs to conclude a dismissal is warranted. Defendants stipulate to
{00024801}
STIPULATION TO DISMISS

-12:17-CV-00228-WBS-AC

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Plaintiffs request.

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The parties further stipulate each side is to bear their own fees and costs.
Dated: May 10, 2017.

Respectfully submitted,

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BARTH DALY LLP
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By
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/s/ Kresta Nora Daly
KRESTA NORA DALY
Attorneys for Plaintiffs

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Dated: May 10, 2017.

Respectfully submitted,

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XAVIER BECERRA

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ATTORNEY GENERAL OF CALIFORNIA

B ARTH D ALY

LLP
A TTORNEYS A T L AW
S ACRAMENTO , C ALIFORNIA

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By

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/s/ R. Lawrence Bragg
R. LAWRENCE BRAGG
Acting Supervising Deputy Attorney General
Attorneys for Defendant Macomber

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ORDER

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In light of the stipulation of the parties, and good cause appearing, the above captioned
case is dismissed with prejudice. Each side to bear their own fees and costs.
Dated: May 10, 2018

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{00024801}
STIPULATION TO DISMISS

-22:17-CV-00228-WBS-AC