Mitchell Engineering v. City and County of San Francisco et al

Filing 280

ORDER Dismissing All Claims Against Defendants Michael Quan And Alan Wong (tf, COURT STAFF) (Filed on 8/27/2010)

Mitchell Engineering v. City and County of San Francisco et al

Doc. 280

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DENNIS J. HERRERA - 139669 City Attorney GEORGE K. WONG - 75228 RONALD P. FLYNN - 184186 LOUISE S. SIMPSON - 115253 DAVID L. NORMAN - 148556 Deputy City Attorneys Fox Plaza 1390 Market Street, 4th Floor San Francisco, CA 94102-5408 Telephone: [phone] Facsimile: [phone] [e-mail] HANSON BRIDGETT LLP ANDREW G. GIACOMINI - 154377 [e-mail] JEFFREY M. CHU - 121381 [e-mail] S. ANNE JOHNSON - 197415 [e-mail] 425 Market Street, 26th Floor San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, ANTHONY IRONS, MICHAEL QUAN, AND ALAN WONG UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

MITCHELL ENGINEERING, a California corporation, Plaintiff,

No. CV 08-4022 SI [PROPOSED] ORDER DISMISSING ALL CLAIMS AGAINST DEFENDANTS MICHAEL QUAN AND ALAN WONG WITH PREJUDICE

21 v. 22 23 24 25 26 27 28 CITY AND COUNTY OF SAN FRANCISCO, [a political subdivision of the State of California], ANTHONY IRONS, in his individual and official capacity, MICHAEL QUAN, in his individual and official capacity, ALAN WONG, in his individual and official capacity, Defendants.

Action Filed: Trial Date:

August 22, 2008 August 30, 2010

[PROPOSED] ORDER DISMISSING CLAIMS AGAINST DEFS MICHAEL QUAN AND ALAN WONG WITH PREJUDICE; CASE NO. CV 08-4022 SI

2549370.1

Dockets.Justia.com

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In response to Plaintiff Mitchell Engineering's filing of a Notice of Voluntary Dismissal of Defendants Michael Quan and Alan Wong without prejudice on May 14, 2010 and Defendants Quan's and Wong's Motions for Summary Judgment filed that same day, which objected to their dismissal without prejudice, and pursuant to Federal Rule of Civil Procedure 41(a)(2), the Court hereby orders all claims against Defendants Michael Quan and Alan Wong dismissed with prejudice. This dismissal with prejudice is subject to the following conditions: (1) the right to pursue fees and costs for Defendants Quan's and Wong's defense and all potential claims against Plaintiff Mitchell Engineering are preserved, and (2) during trial, Plaintiff Mitchell Engineering is precluded from referring to purported constitutional violations by Defendants Quan and Wong and any evidence referring or relating to them.

IT IS SO ORDERED

DATED: August ___, 2010 THE HONORABLE SUSAN ILLSTON JUDGE OF THE U.S. DISTRICT COURT

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[PROPOSED] ORDER DISMISSING CLAIMS AGAINST DEFS MICHAEL QUAN AND ALAN WONG WITH PREJUDICE; CASE NO. CV 08-4022 SI
2549370.1