Lyons v. Rebiejo et al

Filing 19

ORDER GRANTING re 16 Stipulation oF Dismisssal Without Prejudice as to Officer Utpadel, only, filed by Traci Rebiejo. Signed by Judge Joseph C. Spero on 2/21/13. (klhS, COURT STAFF) (Filed on 2/22/2013)

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John J. Pomidor, SBN 104792
City Attorney
[e-mail]
E. Kevin Young, SBN 179128
Assistant City Attorney
[e-mail]
CITY OF LIVERMORE
1052 S. Livermore Avenue
Livermore, California 94550
Telephone: [phone]
Facsimile: [phone]
Attorneys for Officer Rebiejo, Officer Utpadel, Chief Sweeney,
And the City of Livermore

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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RENEE CHARLENE LYONS,

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Case No. C12-4580 JCS

Plaintiff,
JOINT STIPULATION OF DISMISSAL
WITHOUT PREJUDICE

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v.

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OFFICER TRACI REBIEJO, et aI.,

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Defendants.

Assigned to the Hon. Joseph C. Spero

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Pursuant to Rule 41 (a)(1)(A)(ii) of the Federal Rules of Civil Procedure, the parties herby

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jointly stipulate to dismiss Officer Kevin Utpadel from this matter with the authority of their

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respective clients, stipulate as follows:

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RECITAL:

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1. On August 31, 2012, the plaintiff filed a Complaint for Damages against the City of

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Livermore, Livermore Police Department, Officer Tracy Rebiejo, Officer Kevin Utpadel and

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Chief of Police Steve Sweeney in the United States District Court for the Northern District of

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California with jurisdiction based upon alleged violation of Civil Rights in accordance with

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42 U.S.C. § § 1983, 1988 and California Common Law.
Answer
C12-4580 JCS

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2. On October 23,2012, defendants, each and everyone of them, filed an Answer denying each

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and every allegation contained in the Complaint.
3. On January 31, 2012, plaintiffs counsel served a Notice of Deposition of Officer Kevin

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Utpadel with Request for Production of Documents, in accordance with Federal Rules of

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Civil Procedure, §§ 30(b)(2) and 34(b)(2)(A).

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4. On February 8, 2013, plaintiffs counsel deposed Officer Kevin Utpdael in the City and

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County of San Francisco at Mills Law Library, 220 Montgomery, 15t Floor, San Francisco,

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California.

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5. Plaintiff s and the defendant's counsel have met and conferred regarding the posture of the

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case, and have agreed to dismiss those claims against Officer Kevin Utpadel without

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prejudice.

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6. All parties will bear their own costs and fees in regards to all action against Officer Kevin

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Utpadel.
7. All request for production of documents as well as any other discovery related to Officer

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Kevin Utpadel being named in this case is hereby dismissed, and Officer Kevin Utpadel is no

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longer expected to provide any additional discovery in this case.

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8. The respective attorneys, by their signature below, represent and warrant that they have the

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consent of their respective clients, have discussed the Joint Stipulation of Dismissal Without

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Prejudice with them and have the authority to bind their respective clients.

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NO

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Judge Jo

Date:

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Dated: 2/21/13

Spero

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E. Kevin Young
Assistant City Attorney
1052 South Livermore Avenue
Livermore, CA 94550
KeYoung@cityoflivermore.
(925) 9 - 1

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Date:

UNIT
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F
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Answer
C12-4580 JCS

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