Payne v. City & County of San Francisco et al

Filing 111

STIPULATION AND ORDER, ORDER DISMISSING CASE WITH PREJUDICE. Signed by Judge Yvonne Gonzalez Rogers on 10/30/12. (fs, COURT STAFF) (Filed on 10/30/2012)

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DENNIS J. HERRERA, State Bar #139669
City Attorney
CHERYL ADAMS, State Bar #164194
Chief Trial Attorney
DONALD P. MARGOLIS, State Bar #116588
DUNCAN CARLING, State Bar #262387
Deputy City Attorneys
1390 Market Street, Sixth Floor
San Francisco, California 94102-5408
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]
E-Mail:
[e-mail]
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO, ET AL

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DERRICK D. PAYNE,

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Plaintiffs,

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vs.

Case No. CV 11 1328 YGR
STIPULATION OF DISMISSAL WITH
PREJUDICE; [PROPOSED] ORDER
Trial Date:

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November 26, 2012

CITY AND COUNTY OF SAN
FRANCISCO, DEPUTY CITY ATTORNEY
ROWENA T. LIBANG, in her personal and
official capacity; DEPARTMENT OF
HUMAN SERVICES, SOCIAL WORKER
GILBERT JUE, in his personal and official
capacity; SAN FRANCISCO SHERIFF
MICHAEL HENNESSEY; DEPUTY
SHERIFF L. CASTELLANOS, in his personal
and official capacity; SERGEANT G. NODA,
in his personal and official capacity; DEPUTY
SHERIFF S. NEU, in his personal and official
capacity; DEPUTY SHERIFF J. TILTON, in
his personal and official capacity; DEPUTY
SHERIFF MCCONICO, in his personal and
official capacity, and DOES 1 through 100,
inclusive,
Defendants.

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Stipulation for Dismissal; Order
CV 11 1328 YGR

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g:\ygrall\ecf-ready\payne 11-1328 dismissal order (stip).doc

STIPULATION

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This Court having granted defendants' motion for partial summary judgment on plaintiff's first

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claim for relief for false arrest, and having denied plaintiff's cross-motion for partial summary

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judgment on the same claim (Dkt. 109), there having been no disposition of the second and third

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claims for relief in the operative complaint in this action, under Federal Rule of Civil Procedure

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41(a)(1) the parties stipulate to dismissal of the entire action with prejudice, with each party to bear

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his, her, or its own attorney's fees, costs, and expenses.

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Dated: October 26, 2012

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LAW OFFICES OF JAMES BIRKELUND
By: /s/ James Birkelund
Attorneys for Plaintiff

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Dated: October 26, 2012

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DENNIS J. HERRERA
City Attorney
CHERYL ADAMS
Chief Trial Deputy
DONALD P. MARGOLIS
DUNCAN CARLING
Deputy City Attorneys
By: /s/ Donald P. Margolis
DONALD P. MARGOLIS
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO,
ROWENA LIBANG, GILBERT JUE, GARY NODA,
LUIS CASTELLANOS, SCOTT NEU, JASON
TILTON, AND RONALD MCCONICO

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[The filer of this document attests that concurrence in the filing of
this document has been obtained from plaintiff's attorney above,
and shall serve in lieu of his signature.]

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ORDER

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PURSUANT TO STIPULATION, this action is dismissed with prejudice. Each side shall
bear his, her, or its own attorney's fees, costs, and expenses. IT IS SO ORDERED.

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Dated: October 30, 2012

_________________________
The Honorable Yvonne G. Rogers
United States District Judge

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Stipulation for Dismissal; Order
CV 11 1328 YGR

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g:\ygrall\ecf-ready\payne 11-1328 dismissal order (stip).doc