Lowe et al v. County of Butte et al

Filing 67

STIPULATION and ORDER signed by Senior Judge John A. Mendez on 9/15/22 DISMISSING from this action the following individuals without prejudice: Sergeant Parker, Sergeant Turner, Sergeant Behlke, Deputy Darnell, Deputy Smith, Deputy Yee, Deputy Bazan, Deputy Thornton, Sergeant Mell, Deputy Lazurenko, Deputy LaRue, Deputy Ogden, Deputy Mayfield, Deputy Davis, and Deputy Tauscher. Additionally, Sheriff Kory L. Honea is DISMISSED in his official capacity with prejudice. (Kastilahn, A)

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1 2 3 4 5 6 7 8 9 10 11 12 A PROFESSIONAL CORPORATION David R. Norton, SBN 291448 Alison J. Southard, SBN 335716 350 University Avenue, Suite 200 Sacramento, California 95825 TEL: 916.929.1481 FAX: 916.927.3706 OFFICE OF COUNTY COUNSEL COUNTY OF BUTTE Brad J. Stephens, SBN 212246 25 County Center Drive Oroville, CA 95965 TEL: (530) 538-7621 FAX: (530) 538-6891 Attorneys for Defendants COUNTY OF BUTTE and KORY L. HONEA Exempt from Filing Fees Pursuant to Government Code § 6103 13 UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA 14 SACRAMENTO DIVISION 15 16 17 18 NICOLE LYNN LOWE; BRANT I. LOWEꞏ SANDRA JEAN SUSNARA, individually and as Successor in Interest of NATHANIEL' LEE LOWE; NATHANIEL LEE LOWE DECEASED, through his Successor in Interest, SANDRA JEAN SUSNARA; 19 Plaintiffs, 20 v. 21 COUNTY OF BUTTE through its Dept of Probation and Sheriff’s Dept; KORY L. HONEA, Individually and in his official capacity as Butte County Sheriff; ROBERT BURTON, Individually and in his official capacity as Warden of DVI; MARIANA DOMINGUEZ; CALIFORNIA FORENSIC MEDICAL GROUP, INC; WELLPATH HOLDINGS, INC; TAYLOR FITHIAN, M.D.; JOHN BAKER, M.D.; HEATHER BROOKS, LFMT; Corrections Staff and Supervisors, 22 23 24 25 26 27 28 Defendants. {02794880.DOCX} Case No.: 2:20-cv-01997-JAM-DMC JOINT STIPULATION AND ORDER FOR DISMISSAL OF INDVIDUAL COUNTY DEFENDANTS, WITH LEAVE TO AMEND Complaint Filed: 10/05/2020 First Amended Complaint Filed: 05/27/2021 / 1 JOINT STIPULATION FOR DISMISSAL OF NEWLY ADDED DEFENDANTS, WITH LEAVE TO AMEND 1 IT IS HEREBY STIPULATED by and between the parties hereto that the following individuals 2 named in the Third Amended Complaint shall be dismissed therefrom without prejudice: Sergeant Parker, 3 Sergeant Turner, Sergeant Behlke, Deputy Darnell, Deputy Smith, Deputy Yee, Deputy Bazan, Deputy 4 Thornton, Sergeant Mell, Deputy Lazurenko, Deputy LaRue, Deputy Ogden, Deputy Mayfield, Deputy 5 Davis, and Deputy Tauscher. Additionally, Sheriff Kory L. Honea is dismissed in his official capacity with 6 prejudice. 7 8 9 The parties by and through their counsel further agree that Plaintiffs may amend their First Amended Complaint to name any one or more of the above-listed individuals, in the event that discovery establishes reasonable cause to do so. 10 11 Date: September 14, 2022 12 13 PORTER | SCOTT A PROFESSIONAL CORPORATION By /S/ Alison J. Southard David R. Norton Alison J. Southard Attorneys for Defendants 14 15 16 17 18 Date: September 6, 2022 CURD GALINDO & SMITH LLP 19 20 21 22 23 24 25 26 27 28 {02794880.DOCX} 2 JOINT STIPULATION FOR DISMISSAL OF NEWLY ADDED DEFENDANTS, WITH LEAVE TO AMEND 1 2 3 4 5 6 7 ORDER Pursuant to the stipulation of the parties, and good cause appearing therefore, IT IS HEREBY ORDERED that the following individuals shall be dismissed from this action without prejudice: Sergeant Parker, Sergeant Turner, Sergeant Behlke, Deputy Darnell, Deputy Smith, Deputy Yee, Deputy Bazan, Deputy Thornton, Sergeant Mell, Deputy Lazurenko, Deputy LaRue, Deputy Ogden, Deputy Mayfield, Deputy Davis, and Deputy Tauscher. Additionally, Sheriff Kory L. Honea is dismissed in his official capacity with prejudice. 8 9 10 Date: September 15, 2022 11 12 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ SENIOR UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 {02794880.DOCX} 3 JOINT STIPULATION FOR DISMISSAL OF NEWLY ADDED DEFENDANTS, WITH LEAVE TO AMEND

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