Ashker v. Alameida et al

Filing 290

ORDER re 277 278 granting STIPULATION AND VOLUNTARY DISMISSAL OF CLAIMS AND DEFENDANTS. Signed by Judge Claudia Wilken on 2/27/09. (scc, COURT STAFF) (Filed on 2/27/2009)

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ANDRADA & ASSOCIATES
PROFESSIONAL CORPORATION

J. RANDALL ANDRADA (SBN 70000) [e-mail] PETER LAURIE (SBN 226802) [e-mail] ANDRADA & ASSOCIATES PROFESSIONAL CORPORATION 180 Grand Avenue, Suite 225 Oakland, California 94612 Tel.: [phone] Fax: [phone] Attorneys for Defendants UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION TODD L. ASHKER, Plaintiff, v. ROBERT HOREL, et al. Defendants. Case No.: C 05-3759-CW ORDER DISMISSING CLAIMS AND DEFENDANTS RULE 41(a)(1)

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Pursuant to the stipulation and voluntary dismissal, it is ORDERED that: 1. plaintiff's fifth cause of action for California state law claims of intentional tort, conspiracy, negligence and medical malpractice against defendants Joe McGrath, Richard Kirkland, Patrick Smith, Mark Castellaw, J.R. Cox, and Matthew Nimrod are dismissed without prejudice; plaintiff may only reinstate his fifth cause of action for California state law claims of intentional tort, conspiracy, negligence and medical malpractice against defendants Joe McGrath, Richard Kirkland, Patrick Smith, Mark Castellaw, J.R. Cox, and Matthew Nimrod if this court's previous order on the defendants' motion for summary judgment dated September 27, 2007 dismissing plaintiff's first cause of action for retaliation and equal protection and Eighth Amendment claims is reversed on appeal and reinstated
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{00059568.DOC/} (0595) ORDER OF DISMISSAL OF DEFENDANTS Ashker. v. Horel, et al. C 05 3759 CW

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ANDRADA & ASSOCIATES
PROFESSIONAL CORPORATION

against those defendants; 3. 4. defendants retain all rights to oppose any such appeal; plaintiff may only reinstate his state law claims against an individual defendant if the equal protection, Eighth Amendment or retaliation claims are reversed as to that individual defendant; 5. all other claims against defendants Joe McGrath, Richard Kirkland, Patrick Smith, Mark Castellaw, J.R. Cox, and Matthew Nimrod not specifically excepted by this order are dismissed with prejudice; 6. plaintiff Todd Ashker's fifth cause of action for California state law claims for intentional tort, conspiracy, negligence and medical malpractice is dismissed with prejudice as to all other defendants; and 7. all claims against defendants Jeanne Woodford, David Langlois, Linda Rowe, Clarene. David, Sue Risenhoover, and Robert Horel are dismissed with prejudice.1 [Subject to reservation of right to appeal prior dismissal orders per stipulation.]

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IT IS SO ORDERED

Dated:

2/27/09

By

HON. CLAUDIA WILKEN UNITED STATES DISTRICT COURT

Clarene David is identified as "Ms. David" and David Langlois is identified as "D. Langlois" in the court's records.

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{00059568.DOC/} (0595) ORDER OF DISMISSAL OF DEFENDANTS

Ashker. v. Horel, et al. C 05 3759 CW

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ANDRADA & ASSOCIATES
PROFESSIONAL CORPORATION

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ASHKER, Plaintiff, v. ALAMEIDA ET AL et al, Defendant. / Case Number: CV05-03759 CW CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on February 27, 2009, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

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Todd A. Ashker #C58191 Pelican Bay State Prison Box 7500 Crescent City, CA 95532 Dated: February 27, 2009 Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk

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{00059568.DOC/} (0595) ORDER OF DISMISSAL OF DEFENDANTS Ashker. v. Horel, et al. C 05 3759 CW