C.R. et al v. City of Antioch et al

Filing 86

STIPULATION AND ORDER DISMISSING PLAINTIFFS' CAUSES OF ACTION FOR ASSAULT AND BATTERY AGAINST ALL DEFENDANTS re 85 STIPULATION WITH PROPOSED ORDER Dismiss Causes of Action for Assault and for Battery filed by Beverly McIntosh, Debra Moore, I.R., C.R., J.R. Signed by Judge Jon S. Tigar on February 5, 2019. (wsn, COURT STAFF) (Filed on 2/5/2019)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

Case No.: 3:16-cv-03742

C.R., co-successor-in-interest to Decedent
Rakeem Rucks, by and through his
Guardian Ad Litem Beverly McIntosh; I.R.,
co-successor-in-interest to Decedent
Rakeem Rucks, by and through her
Guardian Ad Litem Beverly McIntosh;
R.R., co-successor-in-interest, by and
through her Guardian Ad Litem Beverly
McIntosh; J.R., by and through her
Guardian Ad Litem Jasmine Williams; and
Debra Moore, individually,

Trial Date: March 4, 2019

Plaintiffs,

HONORABLE JON S. TIGAR

v.

[PROPOSED] ORDER DISMISSING
PLAINTIFFS’ CAUSES OF ACTION FOR
ASSAULT AND BATTERY AGAINST ALL
DEFENDANTS
Pre-Trial Conference: February 15, 2019

CITY OF ANTIOCH, a municipal
corporation; RICK SMITH, individually
and in his official capacity as a police
sergeant for the CITY OF ANTIOCH;
CHRIS KIDD, individually and in his
official capacity as police officer for the
CITY OF ANTIOCH; CASEY
BROGDEN, individually and in his official
capacity as police officer for the CITY OF
ANTIOCH; THOMAS SMITH,
individually and in his official capacity as
police officer for the CITY OF ANTIOCH;
BRIAN ROSE, individually and in his
official capacity of Police Detective with
the CITY OF ANTIOCH; and DOES 1-50,
inclusive, individually, jointly and
severally.

25
26
27
28

Order Dismissing Plaintiffs’ Claims of Assault and Battery - 1

ORDER

1
2
3

Pursuant to the parties’ Stipulation, it is hereby ORDERED that Plaintiffs’ state law claims of

4

Assault (7th Cause of Action) and Battery (8th Cause of Action) in their Complaint, are hereby

5

dismissed as against all Defendants, with prejudice. All parties shall bear their own attorney’s fees

6

and costs as to these dismissed claims.

7

IT IS SO ORDERED.

8
9
10
11

February 5, 2019
DATE

HONORABLE JON S. TIGAR
UNITED STATES DISTRICT JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Order Dismissing Plaintiffs’ Claims of Assault and Battery - 2