Arizmendi et al v. City of San Jose et al

Filing 179

STIPULATION AND ORDER GRANTING DISMISSAL re 178 Stipulation filed by City of San Jose. The Clerk shall close this file. ***ALL Deadlines terminated. Signed by Judge Edward J. Davila on 2/7/2013. (ecg, COURT STAFF) (Filed on 2/7/2013)

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RICHARD DOYLE, City Attorney (88625)
NORA FRIMANN, Assistant City Attorney (93249)
STEVEN B. DIPPELL, Sr. Deputy City Attorney (121217)
DAISY M. NISHIGAYA, Deputy City Attorney (186614)
Office of the City Attorney
200 East Santa Clara Street
San Jos6, California 95113-1905
Telephone Number: [phone]
Facsimile Number: [phone]
E-Mail Address: [e-mail]
Attorneys for Defendants, OFFICER LUTTICKEN and
OFFICER VAUGHN

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THERESE ARIZMENDI
PO BOX 731560
San Jos6, California 95173
Plaintiff In Pro Per
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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THERESE ARIZMENDI et al,
Plaintiffs,

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Case Number: C-08-05163 EJD
STIPULATION OF DISI~ilSSAL
(Fed R Civ P 41(a)(1))

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V.

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CITY OF SAN JOSE, et al,
Defendants.

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IT IS HEREBY STIPULATED AND AGREED, pursuant to Federal Rules of Civil
Procedure, Rule 41(a)(1), by and between Plaintiff Therese Arizmendi and all Defendants

23 who have appeared in this action, as follows:
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1.

This action was commenced on or about November 13, 2008.

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2.

The action is not a class action; a receiver has not been appointed; and the

26 action is not governed by any statute of the United States that requires an order of the
27 court for dismissal.
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3.

This action is hereby dismissed, in its entirety, with prejudice.

STIPULATION OF DISMISSAL

Case Number: C-08-05163 EJD
935461

Each party is to bear their own costs and attorneys’ fees.

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Dated

Janua~ 7,2013

THERESE ARIZMENDI
Plaintiff

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DATED: ’

RICHARD DOYLE, City Attorney

Janua~ 7,2013

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By:

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D~Y M. N I SH IGAYA
Deputy City Attorney

Attorneys for Defendants OFFICER
LUTTICKEN and OFFICER VAUGHN

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IT IS SO ORDERED
The Clerk shall close this file.
Dated: February 7, 2013

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____________________________________
United States District Judge Edward J. Davila

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STIPULATION OF DISMISSAL

Case Number: C-08-05163 EJD
935461

State of California
County of
On w m~,~;.

before me~
Date

personally appeared

Name(s) of Signer(e)

who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS mY hapd~d °fficial ~~.~/~.,.
Signature

Place Notary Seal Above

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.

Description of Attached Document
Title or Type of Document:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name:
Individual
"~L Corporate Officer -- Title(s):
[] Partner--[] Limited [] General
[] Attorney in Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:

Top of thumb here

Signer’s Name:
[] Individual
[] Corporate Officer- Title(s):
[] Partner -- [] Limited [] General
[] Attorney in Fact
[] Trustee
[] Guardian or Conservator
[] Other:

Top of thumb here

Signer Is Representing:.

©2007NationalNotaryAssociationo9350DeSotoAve.,RO.Box2402oChatsworth, CA 91313-2402owww.NationalNotary.org Item#5907 Reorder:CallTolI-Free1-800-876-6827

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PROOF OF SERVICE

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CASE NAME: Arizmendi, et aL v. City, et aL
CASE NO.:

C-08-05163 EJD

I, the undersigned declare as follows:
I am a citizen of the United States, over 18 years of age, employed in Santa Clara
County, and not a party to the within action. My business address is 200 East Santa Clara
Street, San Jose, California 95113-1905, and is located in the county where the service
described below occurred.

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On February 5, 2013, I caused to be served the within:

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STIPULATION OF DISMISSAL
(Fed R Civ P 41(a)(1))

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by MAIL, with a copy of this declaration, by depositing them into a sealed envelope,
with postage fully prepaid, and causing the envelope to be deposited for collection
and mailing on the date indicated above.
I further declare that I am readily familiar with the business’ practice for collection
and. processing of correspondence for mailing with the United States Postal
Service. Said correspondence would be deposited with the United States Postal
Service that same day in the ordinary course of business.

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Addressed as follows:
Ms. Therese Arizmendi
P.O. Box731560
San Jose, CA 95173

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I declare under penalty of perjury under the laws of the State of California that the
2O foregoing is true and.correct. Executed on February 5, 2013, at San Jose, California.
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