M. v. City of King City et al

Filing 45

Order by Hon. Lucy H. Koh granting 42 Stipulation for Dismissal with Prejudice.(lhklc3, COURT STAFF) (Filed on 12/10/2012)

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1 2 3 4 5 6 7 Vincent P. Hurley #111215 Raymond A. Thomas #271425 LAW OFFICES OF VINCENT P. HURLEY A Professional Corporation 38 Seascape Village Aptos, California 95003 Telephone: (831) 661-4800 Facsimile: (831) 661-4804 Attorneys for Defendants City of King City, King City Police Department, Officer Jorge Luna, Officer Jesus Yanez, Sergeant Jerry Hunter, Chief of Police Nick Baldiviez, Captain Bruce Miller, Sergeant Mark Baker, and Sergeant Alejandra Tirado 8 9 UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 13 14 15 16 17 18 19 20 21 22 23 24 ) J.M., a minor by and through MARTIN ) M., as Guardian Ad Litem; MARTIN M. ) and ADELA M., Individually, ) ) Plaintiffs, ) ) vs. ) ) OFFICER JORGE LUNA, OFFICER ) JESUS YANEZ (Doe I), SERGEANT ) JERRY HUNTER (Doe II), CHIEF OF ) POLICE NICK BALDIVIEZ (Doe III), ) CAPTAIN BRUCE MILLER (Doe IV), ) SERGEANT MARK BAKER (Doe V), ) SERGEANT ALEJANDRA TIRADO ) (Doe VI), CITY OF KING CITY, KING ) CITY POLICE DEPARTMENT, and ) DOES VII-L. ) ) Defendants. ) ) Case No. C12-01951-LHK STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE [Federal Rule of Civil Procedure 41(a)] J.M., MARTIN M., individually and as Guardian Ad Litem for J.M., and ADELA M. 25 ("Plaintiffs") and their counsel Edward Niland, as set forth in the Confidential Mediation 26 Settlement Agreement executed on November 21, 2012 by Plaintiffs and their counsel and 27 counsel for Defendants JORGE LUNA, JESUS YANEZ, JERRY HUNTER, NICK 28 BALDIVIEZ, BRUCE MILLER, MARK BAKER, ALEJANDRINA TIRADO, CITY OF KING 1 Stip & Order for Dismissal Case No. C12-01951-LHK 1 CITY, and KING CITY POLICE DEPARTMENT, stipulate to dismissal of their actions with 2 prejudice subject to an Order on Minor’s Compromise. 3 4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 5 6 Dated: December 5, 2012 NILAND & NILAND 7 By: /s/ Edward Niland EDWARD NILAND Attorneys for Plaintiffs J.M., a minor by and through MARTIN M., as Guardian Ad Litem; MARTIN M. and ADELA M., Individually 8 9 10 11 Dated: December 5, 2012 LAW OFFICES OF VINCENT HURLEY A Professional Corporation 12 13 14 By: /s/ J. Omar Rodriguez J. OMAR RODRIGUEZ Attorneys for Defendants City of King City, King City Police Department, Officer Jorge Luna, Officer Jesus Yanez, Sergeant Jerry Hunter, Chief of Police Nick Baldiviez, Captain Bruce Miller, Sergeant Mark Baker, and Sergeant Alejandra Tirado 15 16 17 18 19 20 21 PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: December 12, 2012 22 United States District Court Judge 23 24 25 26 27 28 2 Stip & Order for Dismissal Case No. C12-01951-LHK

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