K.B. et al v. Alameda County et al

Filing 52

STIPULATION AND ORDER DISMISSING ALL CLAIMS OF PLAINTIFF K.B. AND ALL CLAIMS AGAINST INDIVIDUALLY NAMED DEFENDANTS ANTHONY ANIASCO AND GLENN ARRIVAS. Signed by Magistrate Judge Laurel Beeler on 4/7/2016. (lsS, COURT STAFF) (Filed on 4/7/2016)

1 GREGORY J. ROCKWELL, ESQ. (SBN 67305)
[e-mail]
2 BOORNAZIAN, JENSEN & GARTHE
A Professional Corporation/File #27409
3 555 12th Street, Suite 1800
Oakland, CA 94607
4 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Defendants
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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9 K.B., a Successor-in-Interest to Decedent
ROBBIE SPRIGGS, by and through his
10 Guardian Ad Litem, KIYERA BYRONE;
BRENDA COOK, an individual, and JOHN
11 SPRIGGS, an individual,
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Plaintiffs,

13 vs.
14 COUNTY OF ALAMEDA, et al.,
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Defendants.
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Case No.: C 14-04676 LB
STIPULATION AND [PROPOSED]
ORDER DISMISSING ALL CLAIMS
OF PLAINTIFF K.B. AND ALL
CLAIMS AGAINST INDIVIDUALLY
NAMED DEFENDANTS ANTHONY
ANIASCO AND GLENN ARRIVAS
Complaint Filed: August 21, 2014

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The undersigned, attorneys for the parties herein, hereby stipulate and jointly apply to the
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Court for an order, pursuant to Federal Rule of Civil Procedure 41(a)(2), dismissing, with
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prejudice, all claims, against all defendants, of named plaintiff K.B., an alleged Successor-in20
Interest to Decedent Robbie Spriggs, aka Robert Byron, on the ground that said named plaintiff did
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not have standing to assert any causes of action in this action, because he was proven not to be the
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son of said Decedent. All parties shall bear their own costs and attorneys fees herein.
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It is further stipulated, and the parties jointly apply to the Court for an order, pursuant to
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Federal Rule of Civil Procedure 41(a)(2), dismissing all claims of plaintiffs BRENDA COOK and
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JOHN SPRIGGS, with prejudice, as to defendants ANTHONY ANIASCO and GLENN
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ARRIVAS, with all parties to bear their own costs and attorneys’ fees herein.

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-1STIPULATION AND [PROPOSED] ORDER DISMISSING ALL CLAIMS OF PLAINTIFF K.B. AND ALL
CLAIMS AGAINST INDIVIDUALLY NAMED DEFENDANTS
Brenda Cook, et al. vs. County of Alameda, et al.; USDC-Nor. Dist. of CA Case No. C 14-04676 LB

1 DATED: April 7, 2016
BOORNAZIAN, JENSEN & GARTHE
A Professional Corporation

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By: /s/ Gregory J. Rockwell, Esq.
GREGORY J. ROCKWELL, ESQ.
Attorneys for Defendants

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DATED: April 7, 2016
THE LAW OFFICES OF JOHN L. BURRIS

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By: /s/ Benjamin Nisenbaum, Esq.
BENJAMIN NISENBAUM, ESQ.
Attorneys for Plaintiffs

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-2STIPULATION AND [PROPOSED] ORDER DISMISSING ALL CLAIMS OF PLAINTIFF K.B. AND ALL
CLAIMS AGAINST INDIVIDUALLY NAMED DEFENDANTS
Brenda Cook, et al. vs. County of Alameda, et al.; USDC-Nor. Dist. of CA Case No. C 14-04676 LB

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[PROPOSED] ORDER

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GOOD CAUSE appearing therefor, and the parties having so stipulated, the Court hereby

3 DISMISSES, with prejudice, all claims, against all defendants, of named plaintiff K.B., an alleged
4 Successor-in-Interest to Decedent Robbie Spriggs, aka Robert Byron, on the ground that said
5 named plaintiff did not have standing to assert any causes of action in this action, because he was
6 proven not to be the son of said Decedent. All parties shall bear their own cost and attorneys’ fees
7 herein.
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The Court also dismisses, with prejudice, all claims of plaintiffs BRENDA COOK and

9 JOHN SPRIGGS, with prejudice, as to defendants ANTHONY ANIASCO and GLENN
10 ARRIVAS. All parties shall bear their own cost and attorneys’ fees herein.
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IT IS SO ORDERED
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Dated:

April 7, 2016

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HON. LAUREL BEELER
United States Magistrate Judge

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27526\719454

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-3STIPULATION AND [PROPOSED] ORDER DISMISSING ALL CLAIMS OF PLAINTIFF K.B. AND ALL
CLAIMS AGAINST INDIVIDUALLY NAMED DEFENDANTS
Brenda Cook, et al. vs. County of Alameda, et al.; USDC-Nor. Dist. of CA Case No. C 14-04676 LB