Beckway v. DeShong et al

Filing 228

STIPULATION AND ORDER. Plaintiff's claims against Defendants Sheriff Rodney K. Mitchell and County of Lake are dismissed with prejudice. Signed by Judge Thelton E. Henderson on 11/08/2011. (tmi, COURT STAFF) (Filed on 11/9/2011)

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CHARLES F. BOURDON, State Bar #84782
Law Offices of Charles F. Bourdon
179 - 11th Street, 2nd Floor
San Francisco, CA 94103
415-864-5100
415-865-0376 (fax)

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BARON J. DREXEL, State Bar #132529
Law Offices of Baron J. Drexel
212 Ninth Street, Suite 401
Oakland, CA 94607
510-444-3184 (phone)
510-444-3181 (fax)

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Attorneys for Plaintiff

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MARK A. JONES, State Bar #96494
KRISTEN K. PRESTON, State Bar #125455
JONES & DYER
A Professional Corporation
1800 J Street
Sacramento, California 95811
Telephone: [phone]
Fax: [phone]

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Attorneys for: Defendants County of Lake, County of Lake Sheriff’s Department,
Sheriff Rodney Mitchell and Deputy Richard Ward

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TERENCE J. CASSIDY, State Bar #99180
JOHN R. WHITEFLEET, State Bar #213301
PORTER | SCOTT
350 University Avenue, Suite 200
Sacramento, California 95825
Telephone: [phone]
Fax: [phone]

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Attorneys for: Defendant Deputy Paul DeShong

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION
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BRENT BECKWAY,
Plaintiff ,

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vs.
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DEPUTY PAUL DESHONG, DOES 1 through 10,
inclusive, SHERIFF RODNEY K. MITCHELL,
COUNTY OF LAKE SHERIFF’S DEPARTMENT
and COUNTY OF LAKE,
Defendants.
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) NO. C 07 5072 TEH
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) STIPULATION AND ORDER
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STIPULATION AND ORDER RE DISM ISSAL OF CLAIM S
CASE NO. C-07-5072 TEH
H :\M A J .c a se s\B e c k w a y v . L a k e C o u n ty \P le a d in g s\S tip & O r d e r r e d ism issa l.w p d

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On October 2, 2007, the plaintiff filed a complaint and demand for trial by jury in this case,

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identifying as defendants Sheriff Rodney K. Mitchell, County of Lake Sheriff’s Department, and

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County of Lake. (Docket #1) Pursuant to prior order of this court, plaintiff’s claims against the Lake

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County Sheriff’s Department were dismissed on the basis that the Sheriff’s Department is not a

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proper defendant to a section 1983 claim. (Docket #11, Section IV, at page 9 and following.)

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Plaintiff has agreed to dismiss his claims against defendant Sheriff Rodney K. Mitchell and

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County of Lake in exchange for the agreement of defendants Sheriff Rodney K. Mitchell, County of

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Lake Sheriff’s Department and County of Lake to waive their rights to recovery of litigation costs.

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IT IS THEREFORE STIPULATED by and between all parties to this stipulation, by and

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through their respective attorneys of record, that the plaintiff’s claims against Sheriff Rodney K.

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Mitchell and County of Lake be dismissed with prejudice.

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IT IS FURTHER STIPULATED by and between all parties to this stipulation, through their

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respective attorneys of record, that defendants Sheriff Rodney K. Mitchell, County of Lake Sheriff’s

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Department and County of Lake waive their rights to recover litigation costs against the plaintiff

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herein.

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Dated: November 7, 2011
LAW OFFICES OF CHARLES F. BOURDON

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By:

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/s/ Charles F. Bourdon
CHARLES F. BOURDON
BARON J. DREXEL
Attorneys for Plaintiff

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Dated: November 7, 2011
JONES & DYER

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By:

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/s/ Mark A. Jones
KRISTEN PRESTON
Attorneys for Defendants County of County of Lake,
County of Lake Sheriff’s Department and Sheriff
Rodney Mitchell, Deputy Richard Ward

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STIPULATION AND ORDER RE DISM ISSAL OF CLAIM S
CASE NO. C-07-5072 TEH
H :\M A J .c a se s\B e c k w a y v . L a k e C o u n ty \P le a d in g s\S tip & O r d e r r e d ism issa l.w p d

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Dated: November 7, 2011
PORTER SCOTT

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By:

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/s/ John R. Whitefleet
JOHN R. WHITEFLEET
Attorneys for Defendant Paul DeShong

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ORDER

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The Court, having considered the foregoing stipulation of the parties, and good cause

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appearing therefor, the Court hereby orders that plaintiff’s claims against Sheriff Rodney K. Mitchell

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and County of Lake be, and are hereby dismissed, with prejudice. The court further orders that, by

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stipulation, the defendants County of Lake, County of Lake Sheriff’s Department, and Sheriff

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Rodney K. Mitchell are precluded from recovery of costs of litigation on the basis of this Court’s

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dismissal of plaintiff’s claims against defendant Sheriff Rodney K. Mitchell, County of Lake

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Sheriff’s Department and County of Lake.
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STIPULATION AND ORDER RE DISM ISSAL OF CLAIM S
CASE NO. C-07-5072 TEH
H :\M A J .c a se s\B e c k w a y v . L a k e C o u n ty \P le a d in g s\S tip & O r d e r r e d ism issa l.w p d

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_____________________________________
HON. THELTON E. HENDERSON
United States Federal Judge

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11/08/2011
Dated: _________________________

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