Hall v. City of Fremont et al

Filing 27

STIPULATION AND ORDER DISMISSING PLAINTIFF'S FIRST CAUSE OF ACTION. Signed by Judge James Larson on 9/15/09. (jlsec, COURT STAFF) (Filed on 9/15/2009)

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Case3:09-cv-01629-JL Document26 Filed09/10/09 Page1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Gregory M. Fox, State Bar No. 070876 BERTRAND, FOX & ELLIOT The Waterfront Building 2749 Hyde Street San Francisco, California 94109 Telephone: (415) 353-0999 Facsimile: (415) 353-0990 Attorneys for Defendants CITY OF FREMONT and JEREMY MISKELLA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) Case No.: CV09-1629 JL ) ) Plaintiff, ) STIPULATION AND [PROPOSED] ORDER vs. ) CITY OF FREMONT; JEREMY MISKELLA; ) ) and DOES 1 through 50, ) ) Defendants. ) ) ) JENNA HALL, It is hereby stipulated by and between the parties, plaintiff JENNA HALL and defendants CITY OF FREMONT and JEREMY MISKELLA, by and through their attorneys of record, that plaintiff will and hereby does dismiss with prejudice her first cause of action for Violation of Constitutional Rights Under 42 U.S.C. 1983 against the City of Fremont and that paragraphs 22, 23 and 24 of the amended complaint be deleted from this pleading. The City of Fremont will and hereby does withdraw its motion to dismiss as to plaintiff's first cause of action for violation of constitutional rights under Section 1983 as to the first cause of action of plaintiff's first amended complaint against the City of Fremont. Each side to bear their own fees and costs as to this matter. Dated: September 10, 2009 /s/ Brad C. Brereton, Counsel for Plaintiff 1 STIPULATION AND [PROPOSED] ORDER Case3:09-cv-01629-JL Document26 Filed09/10/09 Page2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Dated: September 9, 2009 /s/ Gregory M. Fox Counsel for Defendants, CITY OF FREMONT and JEREMY MISKELLA ORDER PURSUANT TO STIPULATION, IT IS HEREBY ORDERED THAT: Plaintiff's first cause of action for Violation of Constitutional Rights Under 42 U.S.C. 1983 against the City of Fremont is hereby dismissed with prejudice and that paragraphs 22, 23 and 24 of the amended complaint are deleted from this pleading. IT IS FURTHER ORDERED THAT the City of Fremont's motion to dismiss as to plaintiff's first cause of action for violation of constitutional rights under Section 1983 naming the City of Fremont and only the City of Fremont is hereby withdrawn. Each side to bear their own fees and costs. September 15 Dated: _____________, 2009 __________________________ JAMES LARSON Chief Magistrate Judge of the United States District Court ATTORNEY ATTESTATION I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this E-filed document. Dated: September 10, 2009 By: /s/ Gregory M. Fox STIPULATION AND [PROPOSED] ORDER

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