Frausto v. California Highway Patrol et al

Filing 86

STIPULATION AND ORDER (#82 in 3:16-cv-00311-RS) (#49 in 3:16-cv-00974-RS) Request to Dismiss Actions as to Defendants Anthony Fields, Karen Easling, and Cameron Tracy. Signed by Judge Richard Seeborg on 2/17/17. (cl, COURT STAFF) (Filed on 2/17/2017)

1 GREGORY B. THOMAS, ESQ. (SBN 239870)
ADAM A. VUKOVIC, ESQ. (SBN 301392)
2 SOPHIA V. COHN, ESQ. (SBN 306661)
BOORNAZIAN, JENSEN & GARTHE
3 A Professional Corporation
555 12th Street, Suite 1800
4 Oakland, CA 94607
Telephone: [phone]
5 Facsimile: [phone]
[e-mail]
6 [e-mail]
[e-mail]
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Attorneys for Defendant
8 COUNTY OF ALAMEDA, sued herein as “ALAMEDA COUNTY SHERIFF’S OFFICE,”
KEVIN BEYRODT, AARON INNS, ANTHONY FIELDS, IVAN STEWART, KAREN
9 EASLING, sued herein as “K. EASLING,” and CAMERON TRACY
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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14 YOLANDA FRAUSTO individually and as )
successor in interest to the Estate of Decedent )
15 John Anthony Cornejo,
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Plaintiffs,
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vs.
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CALIFORNIA HIGHWAY PATROL,
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19 ALAMEDA COUNTY SHERIFF’S OFFICE, )
KEVIN BEYRODT, NORMAND D.
)
20 CORNEJO, II, and DOES 1 to 30, inclusive, )
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Defendants.
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22 And Related Actions
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Case No.: 3:16-cv-00311-RS
And Related Actions
STIPULATION AND REQUEST TO
DISMISS ACTIONS AS TO
DEFENDANTS ANTHONY FIELDS,
KAREN EASLING AND CAMERON
TRACY; [PROPOSED] ORDER

The undersigned, attorneys for the parties herein, hereby stipulate and jointly apply to the

25 Court for an order, pursuant to Federal Rule of Civil Procedure 41(a)(ii), dismissing the Plaintiffs’
26 YOLANDA FRAUSTO and NORMAN CORNEJO’s respective complaints in the related actions
27 (Case Nos. 3:16-cv-00311-RS and 3:16-cv-00974-RS) herein, and all causes of action contained
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-1STIPULATION AND [PROPOSED] ORDER DISMISSING ACTIONS AS TO
DEFENDANTS ANTHONY FIELDS, KAREN EASLING AND CAMERON TRACY
Yolanda Frausto v. County of Alameda, et al. – USDC Case No.: 3:16-cv-0311-RS; and related actions

1 therein, with prejudice, as to individually named defendants ANTHONY FIELDS, KAREN
2 EASLING and CAMERON TRACY, with all parties to bear their own costs and attorneys’ fees
3 herein.
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Respectfully submitted,

5 DATED: February 14, 2017

BOORNAZIAN, JENSEN & GARTHE
A Professional Corporation

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By: ___/s/ Gregory B. Thomas
GREGORY B. THOMAS, ESQ.
ADAM A. VUKOVIC, ESQ.
SOPHIA V. COHN, ESQ.
Attorneys for Defendant
COUNTY OF ALAMEDA, sued
herein as “ALAMEDA COUNTY
SHERIFF’S OFFICE,” KEVIN
BEYRODT, AARON INNS,
ANTHONY FIELDS, IAN
STEWART, KAREN EASLING, sued
herein as “K. EASLING,” and
CAMERON TRACY

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DATED: February 14, 2017

BRACAMONTES & VLASAK, P.C.
By: __/s/ Michael Bracamontes____
MICHAEL BRACAMONTES, ESQ.
MICHAEL A. SCHREIBER, ESQ.
Attorneys for Plaintiffs
YOLANDA FRAUSTO
NORMAN CORNEJO

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19 DATED: February 14, 2017

CALIFORNIA ATTORNEY GENERAL

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By: __/s/ Craig Modlin, Esq.____
CRAIG MODLIN, ESQ.
Attorney for Defendants
CALIFORNIA HIGHWANT PATROL, M.
DIEHL, Z. TRZESNIEWSKI, H. SCHULTZ,
C. BRUNO, D. HAZELWOOD, and J.
KOVEN

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-2STIPULATION AND [PROPOSED] ORDER DISMISSING ACTIONS AS TO
DEFENDANTS ANTHONY FIELDS, KAREN EASLING AND CAMERON TRACY
Yolanda Frausto v. County of Alameda, et al. – USDC Case No.: 3:16-cv-0311-RS; and related actions

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ATTESTATION
I, Gregory B. Thomas, am counsel for Record for Defendants County of Alameda, et al. I am

3 the registered ECF user whose username and password are being used to file this stipulation. In
4 compliance with Local Rule 5-1(i)(3), I hereby attest that the above-identified counsel concurred in
5 this filing.
6 Dated: February 14, 2017

BOORNAZIAN, JENSEN & GARTHE

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By: _/s/ Gregory B. Thomas_______________
GREGORY B. THOMAS
Attorney for Defendants
COUNTY OF ALAMEDA, sued herein
as “ALAMEDA COUNTY SHERIFF’S
OFFICE,” KEVIN BEYRODT,
AARON INNS, ANTHONEY FIELDS,
IVAN STEWART, KAREN
EASLING, sued herein as “K.
EASLING,” and CAMERON TRACY

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-3STIPULATION AND [PROPOSED] ORDER DISMISSING ACTIONS AS TO
DEFENDANTS ANTHONY FIELDS, KAREN EASLING AND CAMERON TRACY
Yolanda Frausto v. County of Alameda, et al. – USDC Case No.: 3:16-cv-0311-RS; and related actions

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[PROPOSED] ORDER
GOOD CAUSE appearing, it is ORDERED that the request to dismiss Plaintiffs’

4 YOLANDA FRAUSTO and NORMAN CORNEJO’S respective complaints in the related actions
5 (Case Nos. 3:16-cv-00311-RS and 3:16-cv-00974-RS) herein, and all causes of action contained
6 therein, with prejudice, as to individually named defendants ANTHONY FIELDS, KAREN
7 EASLING and CAMERON TRACY is GRANTED.
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All parties to bear their own costs and attorneys’ fees herein.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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2/17/17
11 DATED: _______________________
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HON. RICHARD SEEBORG
Judge of the United States District Court

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-4STIPULATION AND [PROPOSED] ORDER DISMISSING ACTIONS AS TO
DEFENDANTS ANTHONY FIELDS, KAREN EASLING AND CAMERON TRACY
Yolanda Frausto v. County of Alameda, et al. – USDC Case No.: 3:16-cv-0311-RS; and related actions