Reyes et al v. Horel et al

Filing 173

STIPULATION AND ORDER 172 of Voluntary Dismissal With Prejudice, ***Civil Case Terminated. Signed by Judge Ronald M. Whyte on 10/25/12. (jg, COURT STAFF) (Filed on 10/25/2012)

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BRUCE L. SIMON (Bar No. 96241)
[e-mail]
WILLIAM J. NEWSOM (Bar No. 267643)
[e-mail]
PEARSON, SIMON, WARSHAW & PENNY, LLP
44 Montgomery Street, Suite 2450
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff Reuben Reyes
KAMALA D. HARRIS
Attorney General of California
DANIELLE F. O’BANNON
Supervising Deputy Attorney General
MICHAEL J. QUINN
Deputy Attorney General
State Bar No. 209542
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants Fischer, Harrison, Horel,
Terry, Chadwick, and Berkler

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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REUBEN J. REYES,

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v.

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C 08-4561 RMW (PR)
Plaintiff, STIPULATION AND []
ORDER OF VOLUNTARY DISMISSAL
WITH PREJUDICE

WARDEN ROBERT HOREL, et al.,
Defendants.

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847886.1

STIPULATION AND [] ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE(C 08-4561
RMW (PR))

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1.

The following stipulation requests that under Federal Rule of Civil

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Procedure 41(a)(1)(A)(ii), and pursuant to the Settlement Agreement and Full and Final Release

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of All Claims, the above entitled action shall be dismissed with prejudice as to all Defendants.

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STIPULATION

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Pursuant to Civil Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff Reuben

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Reyes and Defendants Horel, Terry, Chadwick, Harrison, Fischer, and Berkler, (collectively, the

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"Parties") by and through their respective counsel, stipulate and request as follows:

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1.

before Magistrate Judge Nandor Vadas;

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2.

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WHEREAS, the Parties reached an agreement to settle the case in

exchange for a full and final release of all claims;

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WHEREAS, on August 31, 2012, the Parties held a settlement conference

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WHEREAS, counsel for the Parties and each of the Parties have agreed to

a Settlement Agreement and Full and Final Release of All Claims;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND REQUESTED that, under

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Federal Rule of Civil Procedure 41(a)(1)(A)(ii), and pursuant to the Settlement Agreement and

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Full and Final Release of All Claims, the above entitled action shall be dismissed with prejudice

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as to all Defendants.

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847886.1

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STIPULATION AND [] ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE (C 08-4561
RMW (PR))

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E-FILING ATTESTATION

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By his signature below, and pursuant to General Order 45, counsel for Defendant

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attests that counsel for all parties whose electronic signatures appear below have concurred in the

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filing of this Stipulation.

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Dated: October 24, 2012

By:

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/s/ William J. Newsom
PEARSON, SIMON, WARSHAW & PENNY, LLP
Attorneys for Plaintiff REUBEN JOSEPH REYES

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Dated: October 24, 2012

By:

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/s/ Michael J. Quinn
Deputy Attorney General
Attorneys for Defendants FISCHER, HARRISON,
HOREL, TERRY, CHADWICK, and BERKLER

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated:

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___________________

___________________________
The Honorable Ronald M. Whyte

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United States District Court Judge

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847886.1

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STIPULATION AND [] ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE (C 08-4561
RMW (PR))