V. et al v. City of Sunnyvale et al

Filing 32

STIPULATION AND ORDER 31 for Dismissal With Prejudice of All Claims as to Defendant City of Sunnyvale Only. City of Sunnyvale (a municipal corporation) Terminated. Signed by Judge Ronald M. Whyte on 12/18/14. (jgS, COURT STAFF) (Filed on 12/18/2014)

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Gregory M. Fox, State Bar No. 070876
Joanne Tran, State Bar No. 294402
BERTRAND, FOX & ELLIOT
The Waterfront Building
2749 Hyde Street
San Francisco, California 94109
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
Attorneys for Defendant
CITY OF SUNNYVALE

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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D.V., a minor, Successor-in-Interest for
Decedent JUAN CARLOS RUELAS, by and
through his Guardian Ad Litem Rosemary
Viramontes; JOSE RUELAS, an individual and
REBECA RUELAS, an individual,

Case No. CV14-02155 RMW
STIPULATION AND [] ORDER FOR
DISMISSAL WITH PREJUDICE OF ALL
CLAIMS AS TO DEFENDANT CITY OF
SUNNYVALE ONLY

Plaintiffs,

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v.

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CITY OF SUNNYVALE, a municipal
corporation; CITY OF SANTA CLARA; a
municipal corporation; COUNTY OF SANTA
CLARA, a municipal corporation, and DOES 150, inclusive,

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Defendants.

Hon. Ronald M. Whyte

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IT IS HEREBY STIPULATED by and between Plaintiffs D.V., a minor, Successor-in-Interest for

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Decedent Juan Carlos Ruelas, by and through his Guardian Ad Litem Rosemary Viramontes, Jose Ruelas

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and Rebeca Ruelas, acting by and through their attorney Ben Nisenbaum, and Defendant City of

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Sunnyvale, by and through its counsel of record, Gregory M. Fox (hereinafter “Parties”) as follows:

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Plaintiffs, acting by and through their counsel of record, dismisses their complaint and all claims
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STIPULATION AND [] ORDER FOR DISMISSAL WITH PREJUDICE OF ALL
CLAIMS AS TO DEFENDANT CITY OF SUNNYVALE ONLY
V, et al. v. City of Sunnyvale, et al., USDC Northern Dist. Case No. 5:14-cv-02155 RMW

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included therein with prejudice as to Defendant City of Sunnyvale only. The Parties agree that each

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party will bear its own costs and attorneys’ fees, and further request that the Court Order this dismissal as

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to the City of Sunnyvale only.

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Co-defendants City of Santa Clara, acting by and through their counsel of record, Jon A.

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Heaberlin, and County of Santa Clara, acting by and through their counsel of record, Michael C.

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Serverian, have no objections to this Stipulation and hereby joins in this Stipulation.

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IT IS SO STIPULATED.

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Dated: December 17, 2014

BERTRAND, FOX & ELLIOT

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By:

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/s/
Gregory M. Fox
Joanne Tran
Attorneys for Defendant
CITY OF SUNNYVALE

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DATED: December 17, 2014

LAW OFFICES OF JOHN L. BURRIS

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By:

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/s/
John L. Burris
Ben Nisenbaum
Attorneys for the Plaintiffs

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DATED: December 17, 2014

RANKIN STOCK HEABERLIN

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By:

/s/
Jon A. Heaberlin
Attorneys for the Defendants
CITY OF SANTA CLARA

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STIPULATION AND [] ORDER FOR DISMISSAL WITH PREJUDICE OF ALL
CLAIMS AS TO DEFENDANT CITY OF SUNNYVALE ONLY
V, et al. v. City of Sunnyvale, et al., USDC Northern Dist. Case No. 5:14-cv-02155 RMW

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DATED: December 17, 2014

OFFICE OF THE COUNTY COUNSEL

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By:

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/s/
Orry P. Korb
Michael C. Serverian
Attorneys for the Defendants
COUNTY OF SANTA CLARA

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ATTORNEY ATTESTATION

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I hereby attest that I have on file all holograph signatures for any signatures indicated by a

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conformed signature (“/s/”) within this E-filed document or been authorized by all counsel to show his or

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her signature on this Stipulation as /s/.

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Dated: December 17, 2014
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By:
/s/
Joanne Tran

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ORDER

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Having reviewed the Stipulation of the parties and good cause appearing, IT IS HEREBY
ORDERED that plaintiffs’ complaint and action herein is dismissed in full and with prejudice as to
defendant City of Sunnyvale only, each party to bear their own costs and fees.
IT IS SO ORDERED.

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Dated: December ____, 2014
THE HONORABLE RONALD M. WHYTE
UNITED STATES DISTRICT JUDGE

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STIPULATION AND [] ORDER FOR DISMISSAL WITH PREJUDICE OF ALL
CLAIMS AS TO DEFENDANT CITY OF SUNNYVALE ONLY
V, et al. v. City of Sunnyvale, et al., USDC Northern Dist. Case No. 5:14-cv-02155 RMW