Vargas v. Unity Care Group, Inc. et al

Filing 34

ORDER GRANTING 33 STIPULATION OF DISMISSAL OF FIRST CAUSE OF ACTION. Signed by Judge Edward J. Davila on 7/31/2017. (ejdlc2S, COURT STAFF) (Filed on 7/31/2017)

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STEVEN D. WERTH, State Bar No. 121153
[e-mail]
ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP
180 Montgomery Street, Suite 1200
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
UNITY CARE GROUP, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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180 Montgomery Street, Suite 1200
San Francisco, California 94104

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

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SAN JOSE DIVISION

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ERICK VARGAS,

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Plaintiff,

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Case No. 5:16-cv-06767-EJD

v.
UNITY CARE GROUP, INC., business
entity form unknown, COUNTY OF
SANTA CLARA, a public entity,
PATRICK DAUPHIN, individually, and
DOES 1 THROUGH 10, INCLUSIVE

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RULE 41 STIPULATED DISMISSAL OF
SUBSTANTIVE DUE PROCESS UNDER 42
U.S.C. §1983 (FIRST CAUSE OF ACTION) AS
TO UNITY CARE GROUP, INC. ONLY
Hon. Edward J. Davila

Defendants.

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Pursuant to Federal Rule of Civil Procedure 41, Plaintiff Erick Vargas and Defendant

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Unity Care Group, Inc., by and through their respective counsel of record, hereby stipulate that

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the First Cause of Action to the Complaint — Substantive Due Process under 42 U.S.C. §1983 —

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is dismissed with prejudice as to Unity Care Group, Inc. ONLY.

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Erick Vargas and Unity Care Group, Inc. to bear their own fees and costs with respect to

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the First Cause of Action.

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182619.1

RULE 41 STIPULATED DISMISSAL
5:16-CV-06767-

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The First Cause of Action still survives against defendants PATRICK DAUPHIN,

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COUNTY OF SANTA CLARA and DOES 1 THROUGH 10.

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Dated: July 28, 2017

CASILLAS & ASSOCIATES

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By:

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/s/ Arnold Casillas
ARNOLD CASILLAS
Attorneys for Plaintiff
ERIK VARGAS

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Dated: July 28, 2017

ALLEN, GLAESSNER,
HAZELWOOD & WERTH, LLP

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180 Montgomery Street, Suite 1200
San Francisco, California 94104

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

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By:

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/s/ Steven D. Werth
STEVEN D. WERTH
Attorneys for Defendant
UNITY CARE GROUP, INC.

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IT IS SO ORDERED.

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DATED:

July 31, 2017
HON. EDWARD J. DAVILA
U. S. DISTRICT JUDGE

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182619.1

RULE 41 STIPULATED DISMISSAL
5:16-CV-06767-