Doe v. City of Albuquerque

Filing 36

STIPULATION of Dismissal of Counts III and VII in the Complaint for Injunctive and Declaratory Relief by John Doe (Egan, Brendan)

Doe v. City of Albuquerque

Doc. 36

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

JOHN DOE, Plaintiff, v. No. CV-08-1041 MCA LFG

CITY OF ALBUQUERQUE Defendant.

STIPULATION OF DISMISSAL OF COUNTS III AND VII WITH PREJUDICE Pursuant to Fed. R. Civ. Pro. 41(a)(1)(A)(ii), all parties having entered an appearance, herein stipulate and agree to the dismissal with prejudice of the following counts relating to procedural due process contained in the Complaint for Injunctive and Declaratory Relief filed herein: Count III, Violations of rights secured by the Fourteenth Amendment to the United States Constitution. Procedural Due Process. Count VII, Violations of rights secured by Article II, Section Eighteen of the New Mexico Constitution. Procedural Due Process. The Plaintiff continues to assert all remaining allegations and counts in the Complaint. Each party shall bear their own costs related to Counts III and VII.

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Respectfully submitted: ACLU of NEW MEXICO

/s/ Brendan Egan 4/10/2009 Brendan Egan George Bach Staff Attorney P.O. Box 566 Albuquerque, NM 87103 [phone] Facsimile [phone] Maureen A. Sanders Cooperating Attorney Sanders & Westbrook, PC 102 Granite Avenue, NW Albuquerque, NM 87102 [phone] OF COUNSEL Attorneys for Plaintiff

CITY OF ALBUQUERQUE ROBERT M. WHITE City Attorney /s/ Peter H. Pierotti 4/10/2009 Gregory S. Wheeler Peter H. Pierotti P.O. Box 2248 Albuquerque, NM 87103 [phone]

Attorneys for Defendant

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