The Estate of Mohammed Shah et al v. City of Hayward et al

Filing 116

ORDER OF DISMISSAL OF DEFENDANT, ALLEN NEULA WITH PREJUDICE: Re 115 Notice of Voluntary Dismissal filed by C.E.W. Signed by Magistrate Judge Laurel Beeler on 11/12/2015. (lsS, COURT STAFF) (Filed on 11/12/2015)

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1 2 3 4 5 JOHN L. BURRIS, Esq. SBN 69888 ADANTE D. POINTER, Esq. SBN 236229 THE LAW OFFICES OF JOHN L. BURRIS Airport Corporate Center 7677 Oakport St., Suite 1120 Oakland, California 94621 T: (510) 839-5200 F: (510) 839-3882 Adante.pointer@johnburrislaw.com 6 7 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISON 12 13 14 15 16 17 C.E.W., A MINOR, INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST FOR DECEDENT MOHAMMED SHAH, BY AND THROUGH HIS GUARDIAN AD LITEM VALERIE WEAVER; MOHAMMED SHAH, INDIVIDUALLY; AND JANIFER SHAH, INDIVIDUALLY, 18 19 20 21 22 23 24 Case No. CV 13-4516 (LB) REQUEST FOR DISMISSAL OF DEFENDANT ALLEN NEULA WITH PREJUDICE : ORDER Plaintiffs, v. CITY OF HAYWARD, A MUNICIPAL CORPORATION, ALAN NEULA, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS A POLICE OFFICER FOR THE CITY OF HAYWARD AND DOES 1-50 INCLUSIVE, INDIVIDUALLY AND IN THEIR OFFICIAL CAPACITIES AS POLICE OFFICERS FOR THE CITY OF HAYWARD, Defendants. 25 26 27 28 Plaintiffs hereby request that Defendant ALLEN NEULA, in his individual and official capacity as a police officer for the City of Hayward, be dismissed from this action with prejudice. Plaintiffs anticipate filing a subsequent Request to Dismiss Defendant CITY OF C.E.W. et al. v. City of Hayward, et al. USDC Case No. CV 13-4516 (LB) Request to Dismiss Defendant Allen Neula -1- 1 HAYWARD, a municipal corporation from this action with prejudice within the next 30 days 2 subject to the parties fully executing the terms of a Release Agreement. 3 4 IT IS SO AGREED. 5 6 7 Date: 11/11/15 LAW OFFICES OF JOHN L. BURRIS 8 /s/ Adanté Pointer ADANTÉ D. POINTER Attorneys for Plaintiffs 9 10 11 12 Date: 10/09/15 CITY OF HAYWARD 13 /s/ Rafael Alvarado, Jr. RAFAEL ALVARADO, JR. Attorneys for Defendants 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C.E.W. et al. v. City of Hayward, et al. USDC Case No. CV 13-4516 (LB) Request to Dismiss Defendant Allen Neula -2- 1 ORDER 2 3 IT IS HEREBY ORDERED that Defendant ALLEN NEULA in his individual and 4 official capacity as a police officer for the City of Hayward is dismissed with prejudice from this 5 action. 6 7 8 9 Date: November 12, 2015 HONORABLE LAUREL BEELER UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C.E.W. et al. v. City of Hayward, et al. USDC Case No. CV 13-4516 (LB) Request to Dismiss Defendant Allen Neula -3-

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