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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1 2 3 4 5 6 7 8 John J. Pomidor, SBN 104792 City Attorney 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 9 10 UNITED STATES DISTRICT COURT 11 FOR THE NORTHERN DISTRICT OF CALIFORNIA 12 13 RENEE CHARLENE LYONS, 14 Case No. C12-4580 JCS Plaintiff, JOINT STIPULATION OF DISMISSAL WITHOUT PREJUDICE 15 v. 16 OFFICER TRACI REBIEJO, et aI., 17 Defendants. Assigned to the Hon. Joseph C. Spero 18 19 20 Pursuant to Rule 41 (a)(1)(A)(ii) of the Federal Rules of Civil Procedure, the parties herby 21 jointly stipulate to dismiss Officer Kevin Utpadel from this matter with the authority of their 22 respective clients, stipulate as follows: 23 RECITAL: 24 1. On August 31, 2012, the plaintiff filed a Complaint for Damages against the City of 25 Livermore, Livermore Police Department, Officer Tracy Rebiejo, Officer Kevin Utpadel and 26 Chief of Police Steve Sweeney in the United States District Court for the Northern District of 27 California with jurisdiction based upon alleged violation of Civil Rights in accordance with 28 42 U.S.C. § § 1983, 1988 and California Common Law. Answer C12-4580 JCS Page 1 1 2. On October 23,2012, defendants, each and everyone of them, filed an Answer denying each 2 3 and every allegation contained in the Complaint. 3. On January 31, 2012, plaintiffs counsel served a Notice of Deposition of Officer Kevin 4 Utpadel with Request for Production of Documents, in accordance with Federal Rules of 5 Civil Procedure, §§ 30(b)(2) and 34(b)(2)(A). 6 4. On February 8, 2013, plaintiffs counsel deposed Officer Kevin Utpdael in the City and 7 County of San Francisco at Mills Law Library, 220 Montgomery, 15t Floor, San Francisco, 8 California. 9 5. Plaintiff s and the defendant's counsel have met and conferred regarding the posture of the 10 case, and have agreed to dismiss those claims against Officer Kevin Utpadel without 11 prejudice. 12 6. All parties will bear their own costs and fees in regards to all action against Officer Kevin 13 14 Utpadel. 7. All request for production of documents as well as any other discovery related to Officer 15 Kevin Utpadel being named in this case is hereby dismissed, and Officer Kevin Utpadel is no 16 longer expected to provide any additional discovery in this case. 17 8. The respective attorneys, by their signature below, represent and warrant that they have the 18 consent of their respective clients, have discussed the Joint Stipulation of Dismissal Without 19 Prejudice with them and have the authority to bind their respective clients. S 24 NO RT 25 Judge Jo Date: seph C. ;;2 - 11- ;20/ -3 ER H 26 ERED O ORD IT IS S 27 N R NIA Dated: 2/21/13 Spero FO 23 t ISTRIC ES D TC AT T RT U O 22 ¥ aft" a E. Kevin Young Assistant City Attorney 1052 South Livermore Avenue Livermore, CA 94550 KeYoung@cityoflivermore. (925) 9 - 1 LI Date: UNIT ED 21 A 20 F D IS T IC T O R C 28 Answer C12-4580 JCS Page 2

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