Dale v. Fernandez et al

Filing 156

ORDER GRANTING 155 STIPULATION FOR DISMISSAL OF CASE WITH PREJUDICE. Signed by Judge Jeffrey S. White on 8/30/12. (jjoS, COURT STAFF) (Filed on 8/30/2012)

Case3:05-cv-01842-JSW Document155 Filed08/29/12 Page1 of 2

1
2
3
4
5
6
7

KAMALA D. HARRIS
Attorney General of California
JOHN P. DEVINE
Supervising Deputy Attorney General
DANIEL B. ALWEISS
Deputy Attorney General
State Bar No. 191560
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants Lillian Lough and
Louella Fernandez

8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE NORTHERN DISTRICT OF CALIFORNIA
10
SAN FRANCISCO DIVISION
11
12
13

DEXTER E. DALE,

C 05-1842 JSW (PR)

14
15

Plaintiff, STIPULATION FOR DISMISSAL OF
CASE WITH PREJUDICE; ORDER
DISMISSING CASE WITH PREJUDICE

v.

16
17

Dept: Courtroom 11, 19th Fl.
Judge: Hon. Jeffrey S. White

L. FERNANDEZ and L. LOUGH,

18
19

Action Filed: May 4, 2005
Defendants. FAC Filed:
December 30, 2011

20
21
22
23
24
25
26
27
28

IT IS HEREBY STIPULATED by the parties to this action, Plaintiff-inmate Dexter E. Dale
and Defendants Louella Fernandez and Lillian Lough, through their designated counsel, that the
above-captioned action is hereby dismissed, with prejudice, pursuant to Federal Rule of Civil
Procedure 41(a)(1)(ii), with each party to bear their own costs and fees, including attorneys’ fees
and expenses. This stipulated dismissal incorporates by reference the terms of the Settlement and
Release Agreement by and between Plaintiff Dexter E. Dale and the California Department of
Corrections and Rehabilitation as if set forth herein.
1
Stip. For Dismissal With Prejud. Order of Dismissal [Fed. R. Civ. P. 41(a(1)] (C 05-1842 JSW (PR))

Case3:05-cv-01842-JSW Document155 Filed08/29/12 Page2 of 2

1

///

2

///
Dated: August 28, 2012

3

DECHERT LLP
By:

4

/s/ Carl Gismervig
CARL GISMERVIG

5
Counsel for Plaintiff DEXTER E. DALE
6
7
8

Dated: August 28, 2012

Respectfully Submitted,

10

KAMALA D. HARRIS
Attorney General of California
JOHN P. DEVINE
Supervising Deputy Attorney General

11

/s/ Daniel B. Alweiss1

12

DANIEL B. ALWEISS
Deputy Attorney General
Attorneys for Defendants Lillian Lough and
Louella Fernandez

9

13
14
15
16

ORDER

17

IT IS HEREBY ORDERED that this case is DISMISSED, with prejudice. The Court shall

18

retain jurisdiction over the enforcement of the Settlement and Release Agreement by and between

19

Plaintiff Dexter E. Dale and the California Department of Corrections and Rehabilitation, which

20

is incorporated by reference as if set forth herein.

21
22

August 30, 2012
Dated:______________

23

_____________________________________
HONORABLE JEFFREY S. WHITE
United States District Court Judge

24
25
26
27
28

1

Pursuant to General Order 45(X), the filer of this document hereby attests that
concurrence in the filing of the document has been obtained from Daniel B. Alweiss.
2
Stip. For Dismissal With Prejud. Order of Dismissal [Fed. R. Civ. P. 41(a(1)] (C 05-1842 JSW (PR))