Nava v. Seadler et al

Filing 92

ORDER re 83 Permitting Dismissal of Certain Defendants. Signed by Judge Patricia V. Trumbull on 9/17/10. (pvtlc1) (Filed on 9/29/2010)

Nava v. Seadler et al

Doc. 92

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JON A. HEABERLIN (SBN 199810) R A N K IN , LANDSNESS, LAHDE, S E R V E R IAN & STOCK 96 No. Third Street, Suite 500 San Jose, California 95112 [phone] Attorneys for Defendant CITY OF SANTA CLARA

IN THE UNITED STATES DISTRICT COURT NORTHER DISTRICT OF CALIFORNIA NANCY NAVA, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. C08 03066 PVT ORDER PERMITTING DISMISSAL OF CERTAIN DEFENDANTS

10 Plaintiff, 11 vs. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MIKE SEADLER, individually and in his capacity as a Santa Clara police officer; CLYDE CHENG, individually and in his capacity as a Santa Clara police officer, ALEX TORKE, individually and in his capacity as a Santa Clara police officer; A. WOLF, individually and in his capacity as a Santa Clara police officer; S. MAJOROS, individually and in his capacity as a Santa Clara police officer; T. SHEARER, individually and in his capacity as a Santa Clara police officer; J. FANUCCHI, individually and in his capacity as a Santa Clara police officer; T. NIESEN, individually and in his capacity as a Santa Clara police officer; M. OVER, individually and in his capacity as a Santa Clara police officer; DAN WINTER, individually and in his capacity as a Santa Clara police officer; A. LANGE, individually and in his capacity as a Santa Clara police officer; R. CIRAULO, individually and in his capacity as a Santa Clara police officer; J. MASTILOCK, individually and in his capacity as a Santa Clara police officer; A. LAYTON, individually and in his capacity as a Santa Clara police officer; J. GREEN, individually and in his capacity as a Santa Clara police officer; D. RUSH, individually

1 O r d e r Perm ittin g Dism is s a l of Certain D e f e n d a n ts - Case No. 08-03066 P V T

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and in his capacity as a Santa Clara police officer; F. SAUNDERS, individually and in his capacity as a Santa Clara police officer; D. MACHADO, individually and in his capacity as a Santa Clara police officer; J. OLIVER, individually and in his capacity as a Santa Clara police officer; B. STERKEL, individually and in his capacity as a Santa Clara police officer; JOHN DOE and RICHARD ROE, individually and in their capacities as Santa Clara police officers, the true names and exact numbers of whom are unknown at this time; CITY OF SANTA CLARA, a municipal corporation, Defendants. _____________________________

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THE PARTIES HAVING STIPULATED, the Court hereby orders: 13 1. 14 herein as J. FANUCCHI), ALEC LANGE (sued herein as A. LANGE), ROBERT CIRAULO 15 (sued herein as R. CIRAULO), JOHN MASTILOCK (sued herein as J. MASTILOCK), 16 JOHANNA GREEN (sued herein as J. GREEN), DAVID MACHADO (sued herein as D. 17 MACHADO), and FRANK SAUNDERS (sued herein as F. SAUNDERS). 18 2. 19 having no direct involvement with the contact at issue alleged by Plaintiff. 20 3. 21 a later stage in litigation that there is evidence to suggest one of the officer-defendants 22 enumerated in Paragraph 3 did have direct involvement with her contact at issue, to apply 23 for leave to add that (those) officer(s) back in as Defendants. 24 4. 25 deposition, but may do so to the extent otherwise appropriate upon Notice. 26 27 DATED: 28 9/17/10 Plaintiff shall not be required to subpoena dismissed defendants for This Order is without prejudice to Plaintiff, should she deem in good faith at The parties shall continue good faith efforts to dismiss individual defendants The following Defendants shall be dismissed: JOHNNY FANUCCHI (sued

MAGISTRATE JUDGE OF THE UNITED STATES DISTRICT COURT

2 O r d e r Perm ittin g Dism is s a l of Certain D e f e n d a n ts - Case No. 08-03066 P V T