Lyons v. Rebiejo et al
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)
John J. Pomidor, SBN 104792
E. Kevin Young, SBN 179128
Assistant City Attorney
CITY OF LIVERMORE
1052 S. Livermore Avenue
Livermore, California 94550
Telephone: (925) 960-4150
Facsimile: (925) 960-4180
Attorneys for Officer Rebiejo, Officer Utpadel, Chief Sweeney,
And the City of Livermore
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
RENEE CHARLENE LYONS,
Case No. C12-4580 JCS
JOINT STIPULATION OF DISMISSAL
OFFICER TRACI REBIEJO, et aI.,
Assigned to the Hon. Joseph C. Spero
Pursuant to Rule 41 (a)(1)(A)(ii) of the Federal Rules of Civil Procedure, the parties herby
jointly stipulate to dismiss Officer Kevin Utpadel from this matter with the authority of their
respective clients, stipulate as follows:
1. On August 31, 2012, the plaintiff filed a Complaint for Damages against the City of
Livermore, Livermore Police Department, Officer Tracy Rebiejo, Officer Kevin Utpadel and
Chief of Police Steve Sweeney in the United States District Court for the Northern District of
California with jurisdiction based upon alleged violation of Civil Rights in accordance with
42 U.S.C. § § 1983, 1988 and California Common Law.
2. On October 23,2012, defendants, each and everyone of them, filed an Answer denying each
and every allegation contained in the Complaint.
3. On January 31, 2012, plaintiffs counsel served a Notice of Deposition of Officer Kevin
Utpadel with Request for Production of Documents, in accordance with Federal Rules of
Civil Procedure, §§ 30(b)(2) and 34(b)(2)(A).
4. On February 8, 2013, plaintiffs counsel deposed Officer Kevin Utpdael in the City and
County of San Francisco at Mills Law Library, 220 Montgomery, 15t Floor, San Francisco,
5. Plaintiff s and the defendant's counsel have met and conferred regarding the posture of the
case, and have agreed to dismiss those claims against Officer Kevin Utpadel without
6. All parties will bear their own costs and fees in regards to all action against Officer Kevin
7. All request for production of documents as well as any other discovery related to Officer
Kevin Utpadel being named in this case is hereby dismissed, and Officer Kevin Utpadel is no
longer expected to provide any additional discovery in this case.
8. The respective attorneys, by their signature below, represent and warrant that they have the
consent of their respective clients, have discussed the Joint Stipulation of Dismissal Without
Prejudice with them and have the authority to bind their respective clients.
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IT IS S
¥ aft" a
E. Kevin Young
Assistant City Attorney
1052 South Livermore Avenue
Livermore, CA 94550
(925) 9 - 1
D IS T IC T O
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