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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1 2 3 4 5 6 7 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: (408) 535-1900 Facsimile Number: (408) 998-3131 E-Mail Address: Attorneys for Defendants, OFFICER LUTTICKEN and OFFICER VAUGHN 8 9 10 11 THERESE ARIZMENDI PO BOX 731560 San Jos6, California 95173 Plaintiff In Pro Per UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 12 13 14 15 THERESE ARIZMENDI et al, Plaintiffs, 16 Case Number: C-08-05163 EJD STIPULATION OF DISI~ilSSAL (Fed R Civ P 41(a)(1)) 17 V. 18 CITY OF SAN JOSE, et al, Defendants. 19 2O 21 22 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: 24 1. This action was commenced on or about November 13, 2008. 25 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. 28 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. 1 2 3 Dated Janua~ 7,2013 THERESE ARIZMENDI Plaintiff 4 5 6 7 DATED: ’ RICHARD DOYLE, City Attorney Janua~ 7,2013 8 By: 9 10 D~Y M. N I SH IGAYA Deputy City Attorney Attorneys for Defendants OFFICER LUTTICKEN and OFFICER VAUGHN 11 12 13 14 15 16 IT IS SO ORDERED The Clerk shall close this file. Dated: February 7, 2013 17 ____________________________________ United States District Judge Edward J. Davila 18 19 2O 21 22 23 24 25 26 27 28 2 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 Item#5907 Reorder:CallTolI-Free1-800-876-6827 1 PROOF OF SERVICE 2 3 4 5 6 7 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. 8 On February 5, 2013, I caused to be served the within: 9 STIPULATION OF DISMISSAL (Fed R Civ P 41(a)(1)) 10 11 12 13 14 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. 15 16 17 18 Addressed as follows: Ms. Therese Arizmendi P.O. Box731560 San Jose, CA 95173 19 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. 21 22 23 24 25 26 27 28 Ibarra

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