Aksu v. County of Contra Costa et al

Filing 17

STIPULATION AND ORDER re 10 DISMISSAL OF SHERIFF DAVID LIVINGSTON AND DISMISSAL OF CERTAIN CLAIMS AS TO DEFENDANTS COUNTY OF CONTRA COSTA AND STEPHEN TANABE filed by County of Contra Costa. Signed by Judge Edward M. Chen on 10/26/12. (bpf, COURT STAFF) (Filed on 10/26/2012)

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SHARON L. ANDERSON (SBN 94814)
County Counsel
D. CAMERON BAKER (SBN 154432)
Deputy County Counsel
COUNTY OF CONTRA COSTA
651 Pine Street, Ninth Floor
Martinez, California 94553
Telephone: [phone]
Facsimile: [phone]
Electronic Mail: [e-mail]

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Attorneys for Defendants
COUNTY OF CONTRA COSTA and
SHERIFF DAVID LIVINGSTON

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND BRANCH

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HASAN ARDA AKSU,
Plaintiff,

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v.

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COUNTY OF CONTRA COSTA,
SUZANNE PORTER, TERRENCE
THOMPSON, CHRISTOPHER BUTLER,
BENNY CHETCUTI, JR., STEPHEN
TANABE, SHERIFF DAVID
LIVINGSTON and DOES ONE to FIFTY,
inclusive,

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Case No. C12-4268 EMC
STIPULATION AND [PROPOSED] ORDER
RE DISMISSAL OF SHERIFF DAVID
LIVINGSTON AND DISMISSAL OF
CERTAIN CLAIMS AS TO DEFENDANTS
COUNTY OF CONTRA COSTA AND
STEPHEN TANABE
Judge: The Honorable Edward C. Chen
Crtrm: 5, 17th Floor, San Francisco

Defendants.

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The following Stipulation is entered between plaintiff Hasan Arda Aksu and defendants

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County of Contra Costa and Sheriff David Livingston by and through their attorneys of record.

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1.

Plaintiff dismisses his Fifth Cause of Action (Unconstitutional Hiring of Deputy

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Tanabe) and his Sixth Cause of Action (Unconstitutional Policy and Practice (Monell-

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Adickes)) without prejudice.

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2.

Plaintiff dismisses his Eleventh Cause of Action (Negligent Hiring of Deputy

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Tanabe) with prejudice.

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Stipulation and [Proposed] Order re Dismissal Of Sheriff Livingston and Dismissal of Certain Claims
as to Defendants County of Contra Costa and Tanabe - Case No. C12-4268 EMC
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3.

Plaintiff has asserted a number of state law claims against defendant County of

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Contra Costa and its former employee, defendant Stephen Tanabe, specifically the Seventh

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through Tenth Causes of Action. Plaintiff dismisses with prejudice each of these state law

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claims as to defendants County of Contra Costa and Tanabe.

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4.

Plaintiff dismisses defendant Sheriff David Livingston without prejudice as a

party from the above-entitled action.
5.

In exchange for the dismissals in paragraphs 1, 2 and 4 above, defendant Sheriff

David Livingston waives any costs or fees to date arising from this action.
6.

In exchange for the dismissals in paragraphs 1, 2 and 3 above, defendant County

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of Contra Costa waives any costs or fees to date relating solely to the claims dismissed

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pursuant to this Stipulation.

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Dated: October 22, 2012

THE GEARINGER LAW GROUP

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By: /s/ Brian Gearinger
BRIAN GEARINGER
Attorneys for Plaintiff
Hasan Arda Aksu

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Dated: October 22, 2012

SHARON L. ANDERSON, County Counsel

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By:

/s/
D. CAMERON BAKER
Deputy County Counsel
Attorneys for Defendants
COUNTY OF CONTRA COSTA
SHERIFF DAVID LIVINGSTON

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Stipulation and [Proposed] Order re Dismissal Of Sheriff Livingston and Dismissal of Certain Claims
as to Defendants County of Contra Costa and Tanabe - Case No. C12-4268 EMC
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ORDER

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PURSUANT TO STIPULATION, IT IS ORDERED as follows:

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1. Plaintiff’s Fifth Cause of Action and his Sixth Cause of Action are dismissed

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without prejudice.
2. Plaintiff’s Seventh through Tenth Causes of Action are dismissed with prejudice as
to defendants County of Contra Costa and Tanabe.

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3. Plaintiff’s Eleventh Cause of Action is dismissed with prejudice.

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4. Sheriff David Livingston is dismissed without prejudice as a party to this action.

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S

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M. Che

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dward
Judge E

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DERED

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IT IS S

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S DISTRICT
_________________________________
TE
C
TA THE HONORABLE EDWARD M. CHEN
United States District Court Judge

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10/26

Dated:_______________, 2012

UNIT
ED

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Stipulation and [Proposed] Order re Dismissal Of Sheriff Livingston and Dismissal of Certain Claims
as to Defendants County of Contra Costa and Tanabe - Case No. C12-4268 EMC
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