Green v. Philipps et al

Filing 13

ORDER dismissing Prison Health Services's Eight Claim for Releif without prejudice. (tf, COURT STAFF) (Filed on 10/21/2010) Modified on 10/21/2010 (ys, COURT STAFF).

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Green v. Philipps et al Doc. 13 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 Nancy E. Hudgins, SBN. 85222 Matthew M. Grigg, SBN. 195951 LAW OFFICES OF NANCY E. HUDGINS 565 Commercial St., 4th Floor San Francisco, CA 94111 415-979-0100 415-979-0747 (fax) Attorneys for Defendants Prison Health Services, Inc. UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA JEFFREY GREEN, ) ) Plaintiff, ) ) vs. ) ) TIM W. PHILLIPS, CITY OF DUBLIN, ) THE COUNTY OF ALAMED, PRISON ) HEALTH SERVICES, INC. and DOES ONE ) to ONE HUNDRED, inclusive, ) Defendants. ) ) ) Case No.: CV 10-3915 SI STIPULATION FOR DISMISSAL OF CLAIM AGAINST PHS; [PROPOSED] ORDER Stipulation Defendant Prison Health Services, Inc. (PHS) contends that Plaintiff's Eighth Claim for Relief ("Interference with Civil Rights by Threats, Intimidation or Coercion California Civil Code Section 52.1") is substantively untenable as to it, and that the First Amended Complaint lacks sufficient allegations to state a cognizable claim Civil Code 52.1 claim against it regardless. Plaintiff Jeffrey Green lacks evidence sufficient to contend otherwise at this time. Plaintiff and PHS thus stipulate to dismissal of that claim as to PHS, without prejudice. (Counsel for the other defendants who have appeared in this action have confirmed they have no objection to dismissal of that claim as to PHS.) Green v. Phillips, et al. Stip./Order Re Dismissal Of Claim 1 Case No. CV10-3915SI Green/p/StipReDismissal10j18 Dockets.Justia.com 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 SO STIPULATED: DATED: October 19, 2010 LAW OFFICES OF NANCY E. HUDGINS /s/ Matthew M. Grigg Matthew M. Grigg Attorneys for Defendant Prison Health Services, Inc. DATED: October 19, 2010 GEARINGER LAW GROUP /s/ Brian Gearinger Brian Gearinger Attorneys for Plaintiff Jeffrey Green (Proposed Order Follows On Next Page) Green v. Phillips, et al. Stip./Order Re Dismissal Of Claim 1 Case No. CV10-3915SI Green/p/StipReDismissal10j18 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 Order Pursuant to the stipulation by Plaintiff Jeffrey Green and Defendant Prison Health Services, Inc. (PHS), Plaintiff's Eighth Claim for Relief ("Interference with Civil Rights by Threats, Intimidation or Coercion California Civil Code Section 52.1") against PHS is hereby dismissed without prejudice. SO ORDERED this ___ day of October, 2010. __________________________________ Susan Illston U.S. District Court Judge Green v. Phillips, et al. Stip./Order Re Dismissal Of Claim 1 Case No. CV10-3915SI Green/p/StipReDismissal10j18 PROOF OF SERVICE 1 2 3 4 5 6 On October 19, 2010, I served the within: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on October 19, 2010, at San Francisco, California. /s/ Lydia Burton Lydia Burton // on the party(ies) to this matter by providing a true and correct copy(ies) of same to: Brian Gearinger Gearinger Law Group 825 Van Ness Avenue, 4th Floor San Francisco, CA 94109 in the following manner: /X/ BY FIRST-CLASS MAIL. I placed such document in a sealed envelope(s) addressed to that party(ies), with postage fully prepaid for first-class mail, for collection and mailing at San Francisco, California, following ordinary business practices. I am readily familiar with the practice at the Law Offices of Nancy E. Hudgins for the processing of correspondence, i.e., in the ordinary course of business, outgoing mail is deposited in the United States mail the same day as it is placed for processing in our mail room. BY FACSIMILE. I caused the said document(s) to be transmitted by facsimile machine to the number indicated after the addressee(s) noted above. Gregory Rockwell Boornazian, Kensen & Garthe 555 12th Street, Ste. 1800 Oakland, CA 94607 1. I, Lydia Burton, declare that I am employed in the County of San Francisco, State of California, am over the age of eighteen years, and am not a party to the within action. My business address is 565 Commercial Street, Fourth Floor, San Francisco, California 94111. STIPULATION FOR DISMISSAL OF CLAIM AGAINST PHS; [PROPOSED] ORDER.

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