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)

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Vincent P. Hurley #111215
Ryan M. Thompson #292281
LAW OFFICES OF VINCENT P. HURLEY
A Professional Corporation
28 Seascape Village
Aptos, California 95003
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
CITY OF SCOTTS VALLEY and OFFICER MICHAEL BIRLEY

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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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)
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, )
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Plaintiffs,
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vs.
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COUNTY OF SANTA CRUZ, CITY OF )
SCOTTS VALLEY, OFFICER MICHAEL )
BIRLY; CAROLYN STRAGE; WENDELL )
STAMPS; YOONI POMPER; ERIN
)
BURTON; STEPHANIE VICOTTI,
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ANGELICA GLASS; JUDY YOKEL;
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CECILIA ESPINOZA; BEATRIZ
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MONJAREZ; AND 20 UNKNOWN
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AGENTS/EMPLOYEES OF THE
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COUNTY OF SANTA CRUZ AND THE )
CITY OF SCOTTS VALLEY,
)
)
Defendants.
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)

Case No. 5:16-cv-05135-EJD
STIPULATION FOR DISMISSAL OF
DEFENDANTS CITY OF SCOTTS VALLEY
AND OFFICER MICHAEL BIRLEY;
[PROPOSED] ORDER

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Pursuant to Federal Rule of Civil Procedure 41(a)(2), Plaintiffs MICHAEL MALLOY;

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AMI MALLOY; L.S. MALLOY, a minor by and through his proposed guardian ad litem AMI

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MALLOY; E.S. MALLOY, a minor by and through his proposed guardian ad litem AMI

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Stipulation of Dismissal of Scotts Valley Defendants

Case No. C16-05135-EJD

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MALLOY, by and through their attorney, Kathleen E. Wells, and Defendants CITY OF

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SCOTTS VALLEY and MICHAEL BIRLEY (“Scotts Valley Defendants”), by and through their

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attorneys, Law Office of Vincent P. Hurley, stipulate as follows:

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In exchange for a mutual waiver of fees and costs, Plaintiffs and Scotts Valley

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Defendants stipulate to dismissal of Plaintiffs’ complaint, with prejudice, as to Defendants CITY

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OF SCOTTS VALLEY and MICHAEL BIRLEY, only.

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Dated: June 30, 2017
By:

/s/
KATHLEEN E. WELLS
Attorney for Plaintiffs MICHAEL MALLOY,
AMI MALLOY, L.S. MALLOY and E.S.
MALLOY

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Dated: June 29, 2017

LAW OFFICES OF VINCENT P. HURLEY
A Professional Corporation

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By:

/s/
RYAN M. THOMPSON
Attorneys for Defendant CITY OF SCOTTS
VALLEY and OFFICER MICHAEL BIRLEY

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[PROPOSED] ORDER

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The Court has reviewed the Stipulation for Dismissal entered into by Plaintiffs and the

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Scotts Valley Defendants. Based upon a review of the record and good cause appearing, IT IS

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HEREBY ORDERED that this action is dismissed as to Defendants CITY OF SCOTTS

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VALLEY and OFFICER MICHAEL BIRLEY, with prejudice. Each Party shall bear their own

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attorneys’ fees and costs.

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IT IS SO ORDERED.

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July 5, 2017
Dated: ________________

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_____________________________________
Hon. Edward J. Davila, District Court Judge

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Stipulation of Dismissal of Scotts Valley Defendants

Case No. C16-05135-EJD