Danis v. County of Del Norte et al

Filing 20

ORDER Dismissing the Twelfth Cause of Action without Prejudice re 19 Stipulation filed by Sutter Coast Hospital, Sutter Health. Signed by Judge Charles R. Breyer on 3/5/2010. (be, COURT STAFF) (Filed on 3/8/2010)

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

BARRY VOGEL, STATE BAR NO. 108640 LARRY THORNTON, STATE BAR NO. 232265 LA FOLLETTE, JOHNSON, DE HAAS, FESLER & AMES 655 University Avenue, Suite 119 Sacramento, California 95825 Phone: [phone] Facsimile: [phone] Attorneys for Defendant, SUTTER HEALTH; SUTTER COAST HOSPITAL

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JAMES DANIS,

) ) Plaintiff, ) ) v. ) ) COUNTY OF DEL NORTE; DEL NORTE) COUNTY SHERIFF DEPARTMENT;) DEAN WILSON; BILL STEVEN; JOHN) DOE 1, A.K.A. OFFICER COUSINS;) MIKE SEAMEN; JOHN DOE 2, A.K.A.) OFFICER BURKE; JOHN DOE 3, A.K.A.) SERGEANT FOX; GARY POTTER;) SUTTER HEALTH; SUTTER COAST) HOSPITAL; and DOES 4 through 15,) inclusive, ) ) Defendants. ) __________________________________ )

CASE NO. CV 09 5924 STIPULATION AND [PROPOSED] ORDER DISMISSING THE TWELFTH CAUSE OF ACTION FOR VIOLATION OF CALIFORNIA CIVIL CODE § 52.1, WITHOUT PREJUDICE, AGAINST SUTTER HEALTH AND SUTTER COAST HOSPITAL

SUBJECT TO THE APPROVAL OF THE COURT, IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES HERETO, THROUGH THEIR RESPECTIVE COUNSEL OF RECORD: 1. 2. Plaintiff filed a Complaint on December 17, 2009. The Complaint alleged as the 12th Cause of Action a violation of the Bane Civil

Rights Act (Cal. Civ. Code § 52.1) against all defendants, including Sutter Coast Hospital and Sutter Health.
1
STIPULATION AND [PROPOSED] ORDER CV-09-5924

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

3.

Plaintiff voluntarily dismisses the 12th cause of action for violation of the Bane Civil

Rights Act (Cal. Civ. Code § 52.1) against Sutter Coast Hospital and Sutter Health, without prejudice. 4. Sutter Health and Sutter Coast Hospital will file a responsive pleading no later than

March 22, 2010. SO STIPULATED.

DATED: March 3, 2010

LA FOLLETTE, JOHNSON, DE HAAS, FESLER & AMES By: /S/ LARRY THORNTON LARRY THORNTON, ESQ. Attorneys for Defendants SUTTER HEALTH and SUTTER COAST HOSPITAL

DATED: March 3, 2010

SANFORD WITTELS & HEISLER, LLP

By:

/S/ THOMAS MARC LITTON THOMAS MARC LITTON, ESQ. Attorneys for Plaintiff JAMES DANIS

PROPOSED ORDER Plaintiff has filed a Complaint which alleges, in part, violation of the Bane Civil Rights Act (Cal. Civ. Code § 52.1) against Sutter Coast Hospital and Sutter Health. Plaintiff, Sutter Coast Hospital and Sutter Health requests that the Court dismiss this cause of action against Sutter Coast Hospital and Sutter Health, without prejudice. A responsive pleading shall be filed by Sutter Coast Hospital and Sutter Health no later than March 22, 2010.
UNIT ED
ISTRIC ES D TC AT T

RT U O

IT IS SO ORDERED.

S

March 5 DATED: ____________, 2010

2
STIPULATION AND [PROPOSED] ORDER

ER

N

C OF D I S T CV-09-5924 RICT

A

LI

______________________________________ r THE HONORABLE CHARLES R. Breye les R. BREYER ge Char Jud UNITED STATES MAGISTRATE JUDGE
FO
NO

R NIA

D RDERE IS SO O IT

RT

H