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
dallen@aghwlaw.com
KEVIN P. ALLEN, State Bar No. 252290
kallen@aghwlaw.com
ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP
180 Montgomery Street, Suite 1200
San Francisco, CA 94104
Telephone:
(415) 697-2000
Facsimile:
(415) 813-2045
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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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
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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
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