Wolniak v. County of Sacramento et al

Filing 11

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 8/11/17 ORDERING that the Second Cause of Action alleging violation of Due Process for excessive force under 42 U.S.C. Section 1983, shall be DISMISSED without prejudice; Fourth Claim alleging municipal liability for failure to train/inadequate training under 42 U.S.C. Section 1983, shall be DISMISSED without prejudice; Fifth Claim alleging municipal liability for unconstitutional custom, practice, or policy under 42 U.S.C. Section 1983, shall be DISMISSED without prejudice; The Seventh Claim alleges negligence against the individual defendants, public employees (Govt Code §820(a)), and vicarious liability for damages resulting from said alleged negligence again st the County (Govt Code §815.2); Eighth Claim alleges intentional infliction of emotional distress against the individual defendants, public employees (Govt Code §820(a)), and vicarious liability, for damages resulting therefrom against the County (Govt Code §815.2); and Ninth Claim alleges negligent infliction of emotional distress against the individual defendants, public employees (Govt Code §820(a)), and vicarious liability for damages resulting therefrom against the County (Govt Code §815.2); and Defendants may file a motion to dismiss with respect to any remaining causes of action, no later than 8/14/17.(Becknal, R)

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CREGGER & CHALFANT LLP
ROBERT L. CHALFANT, SBN 203051
Email: [e-mail]
WENDY MOTOOKA, SBN 233589
Email: [e-mail]
NICOLE C. WEBSTER, SBN 311863
Email: [e-mail]
701 University Avenue, Suite 110
Sacramento, CA 95825
Phone: [phone]
Fax: [phone]
Attorneys for Defendants COUNTY OF
SACRAMENTO, McCLOUD STEWART, JACOB
PRUE, RYAN DRUMMOND

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEVE WOLNIAK, an individual,

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Case No.: 2:17-cv-01286 KJM AC

Plaintiff,
vs.
COUNTY OF SACRAMENTO, a public
governmental entity, MCCLOUD
STEWART, an individual and in his
capacity as a Deputy Sheriff of the County
of Sacramento, JACOB PRUE, an
individual and in his capacity as a Deputy
Sheriff of the County of Sacramento,
RYAN DRUMMOND, an individual and
in his capacity as a Deputy Sheriff of the
County of Sacramento, and DOES 1
through 50, inclusive,

STIPULATION TO DISMISS WITHOUT
PREJUDICE THE SECOND, FOURTH,
AND FIFTH CAUSES OF ACTION AND
THAT THE SEVENTH, EIGHTH AND
NINTH CAUSES OF ACTION ASSERT,
WITH RESPECT TO THE COUNTY, ONLY
VICARIOUS LIABILITY; ORDER
THEREON

Defendants.

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CREGGER & CHALFANT LLP
701 University Ave., # 110
Sacramento, CA 95825
[phone]

STIPULATION TO DISMISS CAUSES OF ACTION
Case No. 2:17-cv-01286 KJM AC

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WHEREAS, on June 23, 2017, Plaintiff filed a Complaint for Damages;
WHEREAS, Defendants’ response to the Complaint is due to be filed August 14, 2017,
pursuant to the parties’ stipulation to extend time (Doc. 8);
WHEREAS, Defendants believe it is unclear whether the Seventh, Eighth and Ninth
Claims each intend to allege a direct liability state law claim against the County;
WHEREAS, Defendants indicated to Plaintiff their intention to move to dismiss certain
claims in the Complaint, including any direct liability state law claims against the County;
WHEREAS, pursuant to the Court’s standing order of June 23, 2017 (Doc. 4-1), the
parties met and conferred regarding the grounds for Defendants’ motion and resolved some of the
issues to be raised by the motion;
WHEREAS, the parties wish to limit law and motion practice where possible;
THEREFORE the parties hereby stipulate, by and through their counsel of record, as
follows:
1.

Plaintiff’s Second Claim alleging violation of Due Process for excessive force

under 42 U.S.C. Section 1983, shall be dismissed without prejudice;
2.

Plaintiff’s Fourth Claim alleging municipal liability for failure to train / inadequate

training under 42 U.S.C. Section 1983, shall be dismissed without prejudice;
3.

Plaintiff’s Fifth Claim alleging municipal liability for unconstitutional custom,

practice, or policy under 42 U.S.C. Section 1983, shall be dismissed without prejudice;
4.

Plaintiff’s Seventh Claim alleges negligence against the individual defendants,

public employees (Government Code §820(a)), and vicarious liability for damages resulting from
said alleged negligence against the County (Government Code §815.2);
5.

Plaintiff’s Eighth Claim alleges intentional infliction of emotional distress against

the individual defendants, public employees (Government Code §820(a)), and vicarious liability,
for damages resulting therefrom against the County (Government Code §815.2); and
6.

Plaintiff’s Ninth Claim alleges negligent infliction of emotional distress against the

individual defendants, public employees (Government Code §820(a)), and vicarious liability for

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CREGGER & CHALFANT LLP
701 University Ave., # 110
Sacramento, CA 95825
[phone]

STIPULATION TO DISMISS CAUSES OF ACTION
Case No. 2:17-cv-01286 KJM AC

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damages resulting therefrom against the County (Government Code §815.2);
7.

Defendants may file a motion to dismiss with respect to the issues that were not

resolved by way of the meet-and-confer process, no later than the already agreed upon date of
August 14, 2017.
IT IS SO STIPULATED.

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DATE: August 8, 2017

CREGGER & CHALFANT LLP

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/s/ Nicole C. Webster
NICOLE C. WEBSTER
Attorneys for Defendants COUNTY OF
SACRAMENTO, McCLOUD STEWART, JACOB
PRUE, RYAN DRUMMOND

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DATE: August 8, 2017

LAW OFFICE OF SOHAILA SAGHEB

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/s/ Sohaila Sagheb
SOHAILA SAGHEB, SBN 144202
Attorneys for Plaintiff STEVE WOLNIAK

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ORDER
After considering the Stipulation by and between the parties through their counsel of
record, IT IS HEREBY ORDERED THAT:
1.

The Second Cause of Action alleging violation of Due Process for excessive force

under 42 U.S.C. Section 1983, shall be dismissed without prejudice;
2.

The Fourth Claim alleging municipal liability for failure to train / inadequate

training under 42 U.S.C. Section 1983, shall be dismissed without prejudice;
3.

Fifth Claim alleging municipal liability for unconstitutional custom, practice, or

policy under 42 U.S.C. Section 1983, shall be dismissed without prejudice;
4.

The Seventh Claim alleges negligence against the individual defendants, public

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CREGGER & CHALFANT LLP
701 University Ave., # 110
Sacramento, CA 95825
[phone]

STIPULATION TO DISMISS CAUSES OF ACTION
Case No. 2:17-cv-01286 KJM AC

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employees (Government Code §820(a)), and vicarious liability for damages resulting from said
alleged negligence against the County (Government Code §815.2);
5.

The Eighth Claim alleges intentional infliction of emotional distress against the

individual defendants, public employees (Government Code §820(a)), and vicarious liability, for
damages resulting therefrom against the County (Government Code §815.2); and
6.

The Ninth Claim alleges negligent infliction of emotional distress against the

individual defendants, public employees (Government Code §820(a)), and vicarious liability for
damages resulting therefrom against the County (Government Code §815.2); and
7.

Defendants may file a motion to dismiss with respect to any remaining causes of

action, no later than August 14, 2017.

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IT IS SO ORDERED.
DATE: August 11, 2017.

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UNITED STATES DISTRICT JUDGE

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CREGGER & CHALFANT LLP
701 University Ave., # 110
Sacramento, CA 95825
[phone]

STIPULATION TO DISMISS CAUSES OF ACTION
Case No. 2:17-cv-01286 KJM AC

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