Nguyen v. City of Union City et al

Filing 23

STIPULATION AND ORDER Dismissing Plaintiff's Second Cause of Action Battery and Vacating Hearing on Defendants' Motion to Dismiss set on 9/26/2013 11:00 AM re 19 Renotice motion hearing, filed by City of Union City, Jeffrey Stewa rd, Daniel Dejong, Brian Baumgartner, Joseph Cota, 18 MOTION to Dismiss Second Cause of Action of Pltf's Second Amended Complaint (FRCP12(b)(6) filed by City of Union City, Jeffrey Steward, Daniel Dejong, Brian Baumgartner, J oseph Cota, Motions terminated: 18 MOTION to Dismiss Second Cause of Action of Pltf's Second Amended Complaint (FRCP12(b)(6) filed by City of Union City, Jeffrey Steward, Daniel Dejong, Brian Baumgartner, Joseph Cota, 22 STIPULATION WITH PROPOSED ORDER to Dismiss 2nd Cause of Action filed by Tien Van Nguyen. Signed by Magistrate Judge Donna M. Ryu on 7/25/13. (ig, COURT STAFF) (Filed on 7/25/2013)

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JAMES M. BARRETT, ESQ. SBN 190274
THE LAW OFFICE OF JAMES M. BARRETT, PLC
5150 EL CAMINO REAL, SUITE D-22
LOS ALTOS, CA 94022-1534
T: 650.969.3687
F: 650.969.3699
E: [e-mail]

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Attorney for Plaintiff
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IN THE UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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UNLIMITED JURISDICTION
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TIEN VAN NGUYEN, an individual,
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Plaintiff,

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vs.
CITY OF UNION CITY, a public entity,
OFC. BRIAN BAUMGARTNER, an
individual, OFC. JOSEPH COTA, an
individual, OFC. DANIEL DEJONG, an
individual, OFC. JEFFREY STEWARD, an
individual, AND DOES 1-50, Inclusive

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Defendants
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CASE NO. 13-01753 DMR
STIPULATION TO DISMISS 2ND CAUSE
OF ACTION

Action Filed: June 18, 2012

IT IS HEREBY STIPULATED, by and between the parties, through their
respective counsel of record, that in lieu of filing an opposition to the pending Motion to
Dismiss that Plaintiff will Dismiss the 2nd Cause of action, Common Law Battery filed
against all Defendants.
IT IS HEREBY FURTHER STIPULATED that the hearing date on the Motion to
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Dismiss, currently set for September 2, 2013, at 11:00 am shall be vacated.

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Case No. C-13-01753-DMR

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Dated: 7.23.2013

LAW OFFICES OF JAMES M. BARRETT PLC
/James M. Barrett/
JAMES M. BARRETT
Attorneys for TIEN VAN NGUYEN.

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Dated: 7.23.2013

Low, Ball & Lynch

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/Kevin Allen/_______________
DALE L. ALLEN, JR.
KEVIN P. ALLEN
Attorneys for Defendant
CITY OF UNION CITY; OFFICER BRIAN
BAUMGARTNER; OFFICER JOSEPH COTA;
OFFICER DANIEL DEJONG; and OFFICER
JEFFREY STEWART

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ORDER

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Pursuant to the stipulation of the parties, and good cause appearing therefore,
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Plaintiff shall be allowed to dismiss the 2nd Cause of Action Battery and the hearing on
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Defendants’ Motion to Dismiss, currently set for September 2, 11:00 am, shall be

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vacated.
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7/25/2013
Dated: __________
__________________________
HONORABLE DONNA M RYU
UNITED STATES DISTRICT COURT
MAGISTRATE JUDGE

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Case No. C-13-01753-DMR

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