E. et al v. City of Antioch et al

Filing 158

ORDER dismissing the entire action with prejudice. (tf, COURT STAFF) (Filed on 2/1/2010)

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McNAMARA, DODGE, NEY, BEATTY, SLATTERY, PFALZER, BORGES & BROTHERS LLP

JAMES V. FITZGERALD, III (State Bar No. 55632) NOAH G. BLECHMAN (State Bar No. 197167) MCNAMARA, DODGE, NEY, BEATTY, SLATTERY, PFALZER, BORGES & BROTHERS LLP 1211 Newell Avenue Post Office Box 5288 Walnut Creek, CA 94596 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants CITY OF ANTIOCH; ANTIOCH POLICE DEPARTMENT; JAMES HYDE; OFFICER JAMES VINCENT; OFFICER LEROY BLOXSOM; OFFICER PFEIFFER; OFFICER M. ZEPEDA; SERGEANT KEVIN ROGERS; OFFICER R. SOLARI UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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ATTORNEYS AT LAW P.O. BOX 5288, WALNUT CREEK, CA 94596 TELEPHONE: [phone]

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DEARMAND E., a minor, by and through DEARMAND ELLIS, JR., his father/legal guardian; MICHAEL H., a minor, by and through ONITA TUGGLES, his mother/legal guardian; and NICHOLAS P., a minor, by and through BETTINA LAWRENCE, his mother/legal guardian, Plaintiffs,

Case No. C08-01709 SI STIPULATION AND [PROPOSED] ORDER DISMISSING ENTIRE ACTION WITH PREJUDICE

CITY OF ANTIOCH; ANTIOCH POLICE DEPARTMENT; JAMES HYDE, Chief of Police, Antioch Police Department, in his individual and official capacities; OFFICER JAMES VINCENT (#3747); OFFICER LEROY BLOXSOM (#2083); OFFICER PFEIFFER (#3707); OFFICER M. ZEPEDA (#4137); SERGEANT KEVIN ROGERS (#2464); OFFICER R. SOLARI (#2372), in their individual and official capacities; Defendants.

IT IS HEREBY STIPULATED AND AGREED by and between the parties to this action, through their respective counsel of record that pursuant to Federal Rule of Civil Procedure
STIPULATION AND ORDER DISMISSING ENTIRE ACTION WITH PREJUDICE - C08-1709 SI

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McNAMARA, DODGE, NEY, BEATTY, SLATTERY, PFALZER, BORGES & BROTHERS LLP

41(a)(1), Plaintiffs hereby dismiss the entire action against the City of Antioch, the Antioch Police Department, and the named individual City of Antioch Defendants, with prejudice, each party to bear its own fees and costs. IT IS SO STIPULATED.

Dated: January 25, 2010

MCNAMARA, DODGE, NEY, BEATTY, SLATTERY, PFALZER, BORGES & BROTHERS LLP /s/ Noah Blechman By: James V. Fitzgerald, III Noah G. Blechman Attorneys for Defendants CITY OF ANTIOCH; ANTIOCH POLICE DEPARTMENT; JAMES HYDE; OFFICER JAMES VINCENT; OFFICER LEROY BLOXSOM; OFFICER PFEIFFER; OFFICER M. ZEPEDA; SERGEANT KEVIN ROGERS; OFFICER R. SOLARI

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ATTORNEYS AT LAW P.O. BOX 5288, WALNUT CREEK, CA 94596 TELEPHONE: [phone]

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STIPULATION AND ORDER DISMISSING ENTIRE ACTION WITH PREJUDICE - C08-1709 SI

Dated: January 25, 2010

By: /s/ Jivaka Candappa _______________________________ JIVAKA CANDAPPA, ESQ. Attorney for Plaintiffs DEARMAND E., MICHAEL H., and NICHOLAS P.

ORDER PURSUANT TO THE FOREGOING STIPULATION, IT IS SO ORDERED.

Dated: _______________, 2010

________________________________________ HON. SUSAN ILLSTON UNITED STATES DISTRICT COURT JUDGE

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