Dinius v. Perdock et al

Filing 105

STIPULATION AND ORDER OF DISMISSAL (RE: DEFENDANT RUSSELL E. PERDOCK). Signed by Magistrate Judge Maria-Elena James on 8/14/2013. (rmm2S, COURT STAFF) (Filed on 8/14/2013)

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1 Linda Starr, Esq. (SBN 118789) Paige Kaneb, Esq. (SBN 251184) 2 NORTHERN CALIFORNIA INNOCENCE PROJECT 500 El Camino Real 3 Santa Clara, CA 95053-4022 Telephone: 408.554.1945 4 Facsimile: 408.554.5440 5 Laurence 0. Masson, Esq. (SBN 8779) LAW OFFICE OF LAURENCE 0. MASSON 6 2625 Alcatraz A venue, #206 Berkeley, CA 94705 7 Telephone: 510.735.9691 Facsimile: 510.735.9693 8 lomlex@gmail.com 9 Counsel for Plaintiff Bismarck F. Dinius 10 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 11 12 13 CASE NO. CV 10 3498 MEJ BISMARCK F. DINIUS, 14 Plaintiff, 15 vs. 16 RUSSELL E. PERDOCK, in his Individual 17 Capacity; RODNEY K. MITCHELL, in his Individual/Official Capacities; JON 18 E. HOPKINS, in his Individual Capacity; DENNIS W. OSTINI, in his Individual 19 Capacity; JAMES BAUMAN, in his Individual Capacity; 20 LLOYD WELLS, in his Individual Capacity; JAMES SAMPLES, in his 21 Individual Capacity; DEAN A. PICK, in his Individual Capacity; CHARLES F. 22 SLABAUGH, in his Individual Capacity; COUNTY OF LAKE, a public entity; 23 and DOES ONE through TWENTY-FIVE, inclusive, 24 Defendants. 25 STIPULATION AND [proposed] ORDER OF DISMISSAL I 26 27 1 28 STIPULATION & ORDER OF DISMISSAL 1 Pursuant to the Settlement Agreement entered into by Plaintiff Bismarck F. Dinius 2 ("Dinius") and Defendant Russell E. Perdock ("Perdock") in this action, IT IS HEREBY 3 STIPULATED, by and between Dinius and Perdock, through their designated counsel, that all 4 claims against Perdock in the above captioned action are hereby dismissed with prejudice 5 pursuant to Fed. R. Civ. Proc. 41(a)(1)(A)(ii). Each party shall bear his own costs and attorneys' 6 fees. LAW OFFICE OF LAURENCE 0. MASSON Is/ Laurence 0. Masson By-------.~----~~----------­ Laurence 0. Masson Co-counsel for Plaintiff Bismarck F. Dinius THE BIERNAT LAW GROUP Is/ Lisa L. Pan (authorized 8/12/2013) By __________~~~~----------Lisa L. Pan Counsel for Defendant Russell E. Perdock August 14 IT IS SO ORDERED. The Honorable Maria-Elena James United States District Court Magistrate Judge 27 2 28 STIPULATION & ORDER OF DISMISSAL

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