Beckway v. DeShong et al

Filing 261

STIPULATION AND ORDER FOR DISMISSAL OF STATE LAW CLAIMS. Signed by Judge Thelton E. Henderson on 01/10/2012. (tmi, COURT STAFF) (Filed on 1/10/2012)

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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 Defendant 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,

) NO. C 07 5072 TEH
)
vs.
) STIPULATION AND ORDER FOR
) DISMISSAL OF STATE LAW CLAIMS
DEPUTY PAUL DESHONG, DOES 1 through 10, )
inclusive, SHERIFF RODNEY K. MITCHELL, )
COUNTY OF LAKE SHERIFF’S DEPARTMENT )
and COUNTY OF LAKE,
)
)
Defendants.
)
_________________________________________ )
Plaintiff ,

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STIPULATION AND ORDER FOR DISM ISSAL OF STATE LAW CLAIM S
CASE NO. C-07-5072 TEH
H :\M A J .c a se s\B e ck w a y v . L a k e C o u n ty \T R I A L \S t ip u la tio n re D ism issa l o f S ta te la w c la im s 1 -6 -1 2 .w p d

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It is hereby stipulated by and between the parties, by and through their respective counsel, as

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follows:
1.

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

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case, setting forth six causes of action, including the first cause of action brought pursuant to 42 U.S.C.

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section 1983, and five causes of action based in California state law. Specifically, the claims based on

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state law include a second cause of action for battery, a third cause of action for false arrest and illegal

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imprisonment, a fourth cause of action for negligence, a fifth cause of action for intentional infliction

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of emotional distress and a sixth cause of action for negligent infliction of emotional distress (the “State

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Law Claims”). The court ordered that plaintiff’s cause of action for false arrest be dismissed as to all

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defendants. (Docket No. 89). The court also ordered that plaintiff’s claims against the Lake County

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Sheriff’s Department be dismissed on the basis that the Sheriff’s Department is not a proper defendant

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to a Section 1983 claim. (Docket No. 11). The court, pursuant to stipulation of the parties, ordered that

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plaintiff’s claims against the County of Lake and Sheriff Rodney K. Mitchell be dismissed with

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prejudice. (Docket No. 228).
2.

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Plaintiff has agreed to dismiss all remaining State Law Claims against the remaining

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defendants, Richard Ward and Paul DeShong. Specifically, plaintiff agrees to dismiss the second,

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fourth, fifth and sixth causes of action in exchange for the agreement of defendants Richard Ward and

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Paul DeShong to waive their right to recovery of litigation costs relating to the remaining State Law

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Claims.
3.

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IT IS THEREFORE STIPULATED BY AND BETWEEN ALL PARTIES to this

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stipulation, by and through their respective attorneys of record, that the plaintiff’s remaining State Law

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Claims, including the second, fourth, fifth and sixth causes of action of the Complaint, be dismissed with

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prejudice. The parties further stipulate that the trial of this matter shall proceed on the sole federal claim

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set forth in plaintiff’s first cause of action based upon an alleged violation of plaintiff’s 4th Amendment

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rights.

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4.

IT IS FURTHER STIPULATED BY AND BETWEEN ALL PARTIES to this stipulation,

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by and through their respective attorneys of record, that defendants Richard Ward and Paul DeShong

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waive their right to recover litigation costs relating to the State Law Claims set forth in the Complaint.
STIPULATION AND ORDER FOR DISM ISSAL OF STATE LAW CLAIM S
CASE NO. C-07-5072 TEH
H :\M A J .c a se s\B e ck w a y v . L a k e C o u n ty \T R I A L \S t ip u la tio n re D ism issa l o f S ta te la w c la im s 1 -6 -1 2 .w p d

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1 Dated: January 6, 2012

LAW OFFICES OF BARON J. DREXEL
LAW OFFICES OF CHARLES F. BOURDON

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By:
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//s// Baron J. Drexel
BARON J. DREXEL
CHARLES F. BOURDON
Attorneys for Plaintiff

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JONES & DYER

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By:

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//s// Mark A. Jones
MARK A. JONES
KRISTEN K. PRESTON
Attorneys for Defendant Deputy Richard Ward

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12 Dated: January 6, 2012

PORTER SCOTT
A PROFESSIONAL CORPORATION

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By
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//s// John R. Whitefleet
TERENCE J. CASSIDY
JOHN R. WHITEFLEET
Attorney for Defendant Deputy Paul DeShong

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ORDER

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

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20 therefore, hereby order that plaintiff’s State Law Claims set forth in plaintiff’s second, fourth, fifth and
21 sixth causes of action be, and hereby are, dismissed with prejudice.
The Court further orders that, by stipulation, defendants Richard Ward and Paul DeShong are

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23 precluded from recovery of costs of litigation relating to plaintiff’s State Law Claims on the basis of this
24 Court’s dismissal of plaintiff’s State Law Claims with prejudice. Trial in this matter shall proceed on the
25 first cause of action only, namely plaintiff’s federal law claim of alleged violation of plaintiff’s 4th
26 Amendment rights.
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STIPULATION AND ORDER FOR DISM ISSAL OF STATE LAW CLAIM S
CASE NO. C-07-5072 TEH
H :\M A J .c a se s\B e ck w a y v . L a k e C o u n ty \T R I A L \S t ip u la tio n re D ism issa l o f S ta te la w c la im s 1 -6 -1 2 .w p d

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Pursuant to stipulation, it is so ordered.

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STIPULATION AND ORDER FOR DISM ISSAL OF STATE LAW CLAIM S
CASE NO. C-07-5072 TEH
H :\M A J .c a se s\B e ck w a y v . L a k e C o u n ty \T R I A L \S t ip u la tio n re D ism issa l o f S ta te la w c la im s 1 -6 -1 2 .w p d

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R NIA

_____________________________________
Hon. Thelton E. Henderson
United States District Court Judge

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01/10/2012
Dated: _____________________

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