Ato D Walker v. City of San Jose

Filing 35

ORDER DISMISSING CASE WITH PREJUDICE. Signed by Judge Nathanael Cousins on 8/11/2016. (lmh, COURT STAFF) (Filed on 8/12/2016)

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1 5 RICHARD DOYLE, City Attorney (88625) NORA FRIMANN, Assistant City Attorney (93249) ARDELL JOHNSON, Chief Deputy City Attorney (95340) Office of the City Attorney 200 East Santa Clara Street, 16th Floor San José, California 95113-1905 Telephone Number: (408) 535-1900 Facsimile Number: (408) 998-3131 E-Mail Address: cao.main@sanjoseca.gov 6 Attorneys for Defendants 7 11 MICHAEL J. REISER, ESQ. (133621) LILIA BULGUCHEVA, ESQ. (291374) LAW OFFICE OF MICHAEL J. REISER 961 Ygnacio Valley Road Walnut Creek, CA 94596 Telephone Number: (925) 256-0400 Facsimile Number: (925) 476-0304 E-Mail Address: reiserlaw@gmail.com lilia.reiserlaw@gmail.com 12 Attorneys for Plaintiff 2 3 4 8 9 10 13 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 SAN JOSE DIVISION 17 18 ATO DIABA WALKER, 19 20 21 22 23 24 25 Plaintiff, v. Case Number: 15-cv-04954-NC STIPULATION FOR DISMISSAL AND ORDER THEREON CITY OF SAN JOSE; POLICE CHIEF LARRY ESQUIVEL; OFFICER MATTHEW ROWAN (#4236); OFFICER JONATHAN LEVOS (#3997); SERGEANT MICHAEL O'NEIL (#3797); OFFICER RYAN WELCH (#4000), and DOES 1-50, inclusive, Defendants. 26 27 28 1 STIPULATION FOR DISMISSAL AND ORDER THEREON Case Number:15-cv-04954-NC 1341065.doc 1 IT IS HEREBY STIPULATED by and between Plaintiff ATO DIABA WALKER and 2 Defendants, CITY OF SAN JOSE; POLICE CHIEF LARRY ESQUIVEL; OFFICER 3 MATTHEW ROWAN (#4236); OFFICER JONATHAN LEVOS (#3997); SERGEANT 4 MICHAEL O'NEIL (#3797) and OFFICER RYAN WELCH who have appeared in this action, 5 through their undersigned counsel, that the entire action be dismissed with prejudice 6 pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii). 7 8 9 10 IT IS FURTHER STIPULATED THAT the Court shall direct the clerk to enter an order dismissing the entire action with prejudice. IT IS FURTHER STIPULATED THAT each party shall bear their own costs and attorney’s fees. Respectfully submitted, 11 12 Dated: August 4, 2016 RICHARD DOYLE, City Attorney 14 By: /s/ Ardell Johnson ARDELL JOHNSON Chief Deputy City Attorney 15 Attorneys for Defendants 13 16 LAW OFFICE OF MICHAEL J. REISER 17 18 Dated: August 4, 2016 19 By: /s/ Lilia Bulgucheva______ LILIA BULGUCHEVA Attorney for Plaintiff 20 21 22 I attest that Plaintiff has approved and signed this document, and given consent to the filing of the same with the court. 23 RICHARD DOYLE, City Attorney 24 25 26 27 Dated: August 4, 2016 By: /s/ Ardell Johnson ARDELL JOHNSON Chief Deputy City Attorney Attorneys for Defendants 28 2 STIPULATION FOR DISMISSAL AND ORDER THEREON Case Number:15-cv-04954-NC 1341065.doc 1 ORDER 2 THE PARTIES HAVING STIPULATED THERETO, IT IS HEREBY ORDERED 3 4 5 ADJUDGED AND DECREED THAT: 1. The entire action be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii). 6 2. The clerk shall enter an order dismissing the entire action with prejudice. 7 3. Each party shall bear its own costs and attorney’s fees. IT IS SO ORDERED. S RT 14 NO 13 thanael Judge Na 15 16 s A H ER M. Cousin R NIA 12 __________________________________ NTED GRACOUSINS HON. NATHANAEL M. UNITED STATES DISTRICT COURT FO 11 August 11, 2016 Dated:________________ UNIT ED 10 RT U O 9 S DISTRICT TE C TA LI 8 N D IS T IC T R OF C 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION FOR DISMISSAL AND ORDER THEREON Case Number:15-cv-04954-NC 1341065.doc

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