Dinius v. Perdock et al

Filing 109

ORDER GRANTING REQUEST TO DISMISS CLAIMS AGAINST DEFENDANT SLABAUGH. Signed by Judge Maria-Elena James on 9/27/2013. (mejlc2, COURT STAFF) (Filed on 9/27/2013)

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Linda Starr, Esq. (SBN 118789)
Paige Kaneb, Esq. (SBN 251184)
NORTHERN CALIFORNIA INNOCENCE PROJECT
500 El Camino Real
Santa Clara, CA 95053-4022
Telephone: [phone]
Facsimile: 408.554.5440

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Laurence O. Masson, Esq. (SBN 8779)
LAW OFFICE OF LAURENCE O. MASSON
2625 Alcatraz Avenue, #206
Berkeley, CA 94705
Telephone: [phone]
Facsimile: 510.735.9693
[e-mail]

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Counsel for Plaintiff Bismarck F. Dinius

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UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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BISMARCK F. DINIUS,

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Plaintiff,

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CASE NO. CV 10 3498 MEJ

vs.

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RUSSELL E. PERDOCK, in his Individual
Capacity; RODNEY K. MITCHELL, in
his Individual/Official Capacities; JON
E. HOPKINS, in his Individual Capacity;
DENNIS W. OSTINI, in his Individual
Capacity; JAMES BAUMAN,
in his Individual Capacity;
LLOYD WELLS, in his Individual
Capacity; JAMES SAMPLES, in his
Individual Capacity; DEAN A. PICK, in his
Individual Capacity; CHARLES F.
SLABAUGH, in his Individual Capacity;
COUNTY OF LAKE, a public entity;
and DOES ONE through TWENTY-FIVE,
inclusive,

REQUEST AND [proposed]
ORDER OF DISMISSAL

Defendants.
______________________________________/

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______________________________________________________________________________
REQUEST FOR AND ORDER OF DISMISSAL

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Pursuant to the fully executed Settlement Agreement entered into by Plaintiff Bismarck

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F. Dinius (“Dinius”) and Defendant Charles F. Slabaugh (“Slabaugh”) in this action, Dinius by

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and through his undersigned counsel of record, respectfully requests that all claims against

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Slabaugh in the above captioned action be dismissed with prejudice pursuant to Fed. R. Civ.

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Proc. 41(a)(2). Each party shall bear his own costs and attorneys’ fees.

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Dated: September 27, 2013.

LAW OFFICE OF LAURENCE O. MASSON

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/s/ Laurence O. Masson
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By ___________________________________
Laurence O. Masson
Co-counsel for Plaintiff Bismarck F. Dinius

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September 27
Dated: ______________, 2013.

IT IS SO ORDERED.

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______________________________________
The Honorable Maria-Elena James
United States District Court Magistrate Judge

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______________________________________________________________________________
REQUEST FOR AND ORDER OF DISMISSAL