Malloy et al v. County of Santa Cruz

Filing 81

ORDER GRANTING 80 STIPULATION OF DISMISSAL OF CITY OF SCOTTS VALLEY AND OFFICER MICHAEL BIRLEY. Signed by Judge Edward J. Davila on 7/5/2017. (ejdlc2S, COURT STAFF) (Filed on 7/5/2017)

Download PDF
1 2 3 4 5 6 Vincent P. Hurley #111215 Ryan M. Thompson #292281 LAW OFFICES OF VINCENT P. HURLEY A Professional Corporation 28 Seascape Village Aptos, California 95003 Telephone: (831) 661-4800 Facsimile: (831) 661-4804 Attorneys for Defendants CITY OF SCOTTS VALLEY and OFFICER MICHAEL BIRLEY 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ) MICHAEL MALLOY; AMI MALLOY; ) L.S. MALLOY, a minor by and through his ) proposed guardian ad litem AMI MALLOY; ) E.S. MALLOY, a minor by and through his ) proposed guardian ad litem AMI MALLOY, ) ) Plaintiffs, ) ) vs. ) ) COUNTY OF SANTA CRUZ, CITY OF ) SCOTTS VALLEY, OFFICER MICHAEL ) BIRLY; CAROLYN STRAGE; WENDELL ) STAMPS; YOONI POMPER; ERIN ) BURTON; STEPHANIE VICOTTI, ) ANGELICA GLASS; JUDY YOKEL; ) CECILIA ESPINOZA; BEATRIZ ) MONJAREZ; AND 20 UNKNOWN ) AGENTS/EMPLOYEES OF THE ) COUNTY OF SANTA CRUZ AND THE ) CITY OF SCOTTS VALLEY, ) ) Defendants. ) ) Case No. 5:16-cv-05135-EJD STIPULATION FOR DISMISSAL OF DEFENDANTS CITY OF SCOTTS VALLEY AND OFFICER MICHAEL BIRLEY; [PROPOSED] ORDER 25 Pursuant to Federal Rule of Civil Procedure 41(a)(2), Plaintiffs MICHAEL MALLOY; 26 AMI MALLOY; L.S. MALLOY, a minor by and through his proposed guardian ad litem AMI 27 MALLOY; E.S. MALLOY, a minor by and through his proposed guardian ad litem AMI 28 1 Stipulation of Dismissal of Scotts Valley Defendants Case No. C16-05135-EJD 1 MALLOY, by and through their attorney, Kathleen E. Wells, and Defendants CITY OF 2 SCOTTS VALLEY and MICHAEL BIRLEY (“Scotts Valley Defendants”), by and through their 3 attorneys, Law Office of Vincent P. Hurley, stipulate as follows: 4 In exchange for a mutual waiver of fees and costs, Plaintiffs and Scotts Valley 5 Defendants stipulate to dismissal of Plaintiffs’ complaint, with prejudice, as to Defendants CITY 6 OF SCOTTS VALLEY and MICHAEL BIRLEY, only. 7 8 Dated: June 30, 2017 By: /s/ KATHLEEN E. WELLS Attorney for Plaintiffs MICHAEL MALLOY, AMI MALLOY, L.S. MALLOY and E.S. MALLOY 9 10 11 12 13 Dated: June 29, 2017 LAW OFFICES OF VINCENT P. HURLEY A Professional Corporation 14 15 By: /s/ RYAN M. THOMPSON Attorneys for Defendant CITY OF SCOTTS VALLEY and OFFICER MICHAEL BIRLEY 16 17 18 19 [PROPOSED] ORDER 20 The Court has reviewed the Stipulation for Dismissal entered into by Plaintiffs and the 21 Scotts Valley Defendants. Based upon a review of the record and good cause appearing, IT IS 22 HEREBY ORDERED that this action is dismissed as to Defendants CITY OF SCOTTS 23 VALLEY and OFFICER MICHAEL BIRLEY, with prejudice. Each Party shall bear their own 24 attorneys’ fees and costs. 25 IT IS SO ORDERED. 26 July 5, 2017 Dated: ________________ 27 _____________________________________ Hon. Edward J. Davila, District Court Judge 28 2 Stipulation of Dismissal of Scotts Valley Defendants Case No. C16-05135-EJD

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?