Castro v. City of Union City et al

Filing 102

ORDER by Magistrate Judge Maria-Elena James granting 101 Stipulation To Dismiss Supervisory Liability (Third Cause of Action) and Defendant Chief Brian Foley. (rmm2S, COURT STAFF) (Filed on 2/22/2016)

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DALE L. ALLEN, JR., State Bar No. 145279
[e-mail]
KEVIN P. ALLEN, State Bar No. 252290
[e-mail]
ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP
180 Montgomery Street, Suite 1200
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
CITY OF UNION CITY, CHIEF OF POLICE BRIAN
FOLEY, OFFICER CHRISTOPHER FIGUEIRDO

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UNITED STATES DISTRICT COURT

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180 Montgomery Street, Suite 1200
San Francisco, California 94104

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

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NORTHERN DISTRICT OF CALIFORNIA

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GARY CASTRO,
Plaintiff,

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v.

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Case No.: 14-cv-00272 MEJ

CITY OF UNION CITY, CITY OF
UNION CITY POLICE DEPT., CHIEF
OF POLICE BRIAN FOLEY, OFFICER
CHRISTOPHER FIGUEIREDO,
OFFICERS DOES 1-50, UNLAWFUL
TRESPASSER SAU NGUYEN,

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STIPULATION TO DISMISS SUPERVISORY
LIABILITY (THIRD CAUSE OF ACTION) and
DEFENDANT CHIEF BRIAN FOLEY;
[PROPOSED] ORDER

Defendants.

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TO THE CLERK OF THE COURT, ALL PARTIES, AND THEIR ATTORNEYS
OF RECORD:

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Plaintiff GARY CASTRO and Defendants CITY OF UNION CITY, CHIEF OF POLICE

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BRIAN FOLEY, and OFFICER CHRISTOPHER FIGUEIRDO (“Defendants”) have met-and-

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conferred. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), IT IS HEREBY

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STIPULATED among the parties, through their respective counsel, that the following claim(s)

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and defendant(s) are dismissed without prejudice.

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///

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1
STIPULATION
78215.1

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hereby dismissed.

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Defendant Chief of Police Brian Foley is hereby dismissed, as the only cause of
action against him is Supervisor Liability.

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That portion of Plaintiff’s Third Cause of Action relating to Supervisor Liability is

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The remaining portion of Plaintiff’s Third Cause of Action (Monell liability) is not
dismissed.

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Dated: February 19, 2016

ALLEN, GLAESSNER,
HAZELWOOD & WERTH, LLP

10
180 Montgomery Street, Suite 1200
San Francisco, California 94104

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

Respectfully submitted,
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By:

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Dated: February 19, 2016

/s/ Kevin P. Allen
DALE L. ALLEN, JR.
KEVIN P. ALLEN
Attorneys for Defendants
CITY OF UNION CITY, CHIEF OF POLICE
BRIAN FOLEY, OFFICER CHRISTOPHER
FIGUEIRDO

LAW OFFICES OF STEVEN TAXMAN

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By: /s/ Steven Taxman
STEVEN TAXMAN
Attorneys for Plaintiff
GARY JOSEPH CASTRO

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[PROPOSED] ORDER

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IT IS SO ORDERED.
Dated:

February 22, 2016

_____________________________________
HON. MARIA-ELENA JAMES
U.S. MAGISTRATE JUDGE

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STIPULATION
78215.1