Davi v. City of Seaside, California et al

Filing 18

STIPULATION AND ORDER 17 to Dismiss, ***Civil Case Terminated. Signed by Judge Ronald M. Whyte on 1/21/09. (jg, COURT STAFF) (Filed on 1/21/2009)

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ROBERT D. PONCE (State Bar No.: 108069) LAW OFFICES OF ROBERT D. PONCE 787 Munras Avenue, Suite 200 Monterey, CA 93940 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorney for Plaintiff ALISON DAVI, a Minor, by and through her General Guardian, GIOLARMA DAVI

*E-FILED - 1/21/09*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ALISON DAVI, a Minor, by and through ) her General Guardian, GIOLARMA DAVI, ) ) Plaintiff, ) ) v. ) ) CITY OF SEASIDE, CALIFORNIA, ) KEVIN MILLER and DOES 1 through 25, ) inclusive, ) ) Defendants. ) ) CIVIL ACTION CASE NO.:

CV 08-04095 RMW

STIPULATION TO DISMISS ACTION AND ORDER

Judge: Hon. Ronald M. Whyte

WHEREAS, plaintiff ALISON DAVI, a Minor by and through her General Guardian, 20 GIOLARMA DAVI filed this action against defendant CITY OF SEASIDE, CALIFORNIA and 21 KEVIN MILLER alleging claims of deliberate indifference in violation of 42 U.S.C. §1983; 22 WHEREAS, defendants CITY OF SEASIDE, CALIFORNIA and KEVIN MILLER filed 23 a Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted, order in 24 the Alternative, Motion for a More Definite States pursuant to FRCP 12(b)(6), 12(e), currently 25 set for hearing on January 30, 2009 at 9:00 A.M. before this Court; 26 WHEREAS, the parties have entered into an agreement requiring the filing of this 27 Stipulation and [Proposed] Order re Dismissal of entire action; 28
___________________________________________________________________________________________________________________ STIPULATION TO DISMISS ACTION; ORDER Davi v. City of Seaside, et al. - Case No.: C08 04095 RMW

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NOW THEREFORE, pursuant to Local Rule 7-12, plaintiff ALISON DAVI, and defendants, CITY OF SEASIDE, CALIFORNIA and KEVIN MILLER, through their respective counsel of record and without admitting to any liability under the claims in this case, hereby stipulate as follows: 1. All claims against CITY OF SEASIDE, CALIFORNIA and KEVIN MILLER are

dismissed with prejudice and 2. All parties shall bear their own costs, expenses and attorney's fees. LAW OFFICES OF ROBERT D. PONCE

DATED: January 12, 2008

BY:

/S/ Robert D. Ponce Attorney for Plaintiff, ALISON DAVI, a Minor by and through her General Guardian, GIOLARMA DAVI HOWARD ROME MARTIN & RIDLEY LLP

DATED: January 12, 2009 14 15 16 17 18 BY:

/S/ Joseph C. Howard, Jr. Attorneys for Defendants, CITY OF SEASIDE and KEVIN MILLER

ORDER 19 PURSUANT TO STIPULATION, IT IS SO ORDERED. 20 21 22 23 24 25 26 27 28
___________________________________________________________________________________________________________________ STIPULATION TO DISMISS ACTION; ORDER Davi v. City of Seaside, et al. - Case No.: C08 04095 RMW

1/21/09 DATED: ________________

_________________________________________ Hon. Ronald M. Whyte UNITED STATES DISTRICT JUDGE

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