C. R. et al v. County of Ventura et al
Filing
27
ORDER OF PREJUDICIAL DISMISSAL OF ENTIRE ACTION by Judge Percy Anderson: Upon Stipulation #18 , the Court hereby orders as follows: All defendants, including all fictitious defendants, are hereby dismissed with prejudice to any refiling of this action in this or any other federal or state court. The plaintiffs, both collectively and individually, fully and permanently waive any and all past, present, and future: special (also known as economic) damages; general (also known as non-economic) damages; punitive and exemplary damages; equitable and declaratory relief; the fees of attorneys, whether of record or not; discovery rights; and ordinary and expert costs, whether incurred or paid. As a result of the prejudicial dismissal of all aspects of the litigation in this or any other federal or state court, regarding all named and fictitious defendants, the Court orders that all pending and future litigation events and deadlines, including the 16(b) conference, any pretrial conference, and trial, are now vacated as unnecessary. See document for details. ( Case Terminated. Made JS-6. ) (gk)
<![CDATA[
1 Alan E. Wisotsky (SBN 68051)
Jeffrey Held (SBN 106991)
2 WISOTSKY, PROCTER & SHYER
JS-6
300 Esplanade Drive, Suite 1500
3 Oxnard, California 93036
Tel:
(805) 278-0920
(805) 278-0289
E-mail: jheld@wps-law.net
4 Fax:
5
Attorneys for Defendants COUNTY OF VENTURA,
6 VENTURA COUNTY SHERIFF’S OFFICE,
(FORMER) VENTURA COUNTY SHERIFF
7 BOB BROOKS, and SENIOR DEPUTY
JOHN McGRATH [erroneously sued as Deputy
8 J. McGrath]
9
10
UNITED STATES DISTRICT COURT
11
CENTRAL DISTRICT OF CALIFORNIA
12
13 C.R. [name redacted], a minor, by
and through his Guardian ad Litem
14 and Mother, GWENDALYN REID,
and GWENDALYN REID, an
15 individual,
16
17
Plaintiffs,
v.
No. CV11-7911 PA (PJWx)
ORDER OF PREJUDICIAL
DISMISSAL OF ENTIRE ACTION
NOTE: CHANGES MADE BY THE
COURT
18 THE COUNTY OF VENTURA,
THE VENTURA COUNTY
19 SHERIFF’S OFFICE, (FORMER)
VENTURA COUNTY SHERIFF
20 BOB BROOKS, an individual,
DEPUTY J. McGRATH, an
21 individual, and DOES 1-10,
22
23
inclusive,
Defendants.
24
25
Having read the concurrently submitted stipulation by the parties for an order
26 of prejudicial dismissal of the entire action, and good cause appearing therefor, the
27 Honorable Percy Anderson, United States District Judge for the Central District of
28 California, does hereby order as follows:
1
1
1.
All defendants, including all fictitious defendants, are hereby dismissed
2 with prejudice to any refiling of this action in this or any other federal or state court.
3 This prohibition is irrevocable and applies regardless of the causes of action selected
4 and the allegations made, as long as the allegations substantially relate to the events
5 which are or could have been described in the complaint giving rise to the current
6 litigation.
7
2.
The consideration for this prejudicial dismissal of the named and
8 fictitious defendants is stated in a separate settlement agreement between the parties.
9
3.
The plaintiffs, both collectively and individually, fully and permanently
10 waive any and all past, present, and future:
special (also known as economic)
ATTORNEYS AT LAW
300 ESPLANADE DRIVE, SUITE 1500
OXNARD, CALIFORNIA 93036
TELEPHONE (805) 278-0920
WISOTSKY, PROCTER & SHYER
11 damages; general (also known as non-economic) damages; punitive and exemplary
12 damages; equitable and declaratory relief; the fees of attorneys, whether of record or
13 not; discovery rights; and ordinary and expert costs, whether incurred or paid.
14
4.
As a result of the prejudicial dismissal of all aspects of the litigation in
15 this or any other federal or state court, regarding all named and fictitious defendants,
16 the Court orders that all pending and future litigation events and deadlines, including
17 the 16(b) conference, any pretrial conference, and trial, are now vacated as
18 unnecessary.
19
5.
The Court does, however, retain jurisdiction over the subject matter of
20 this litigation in the event that any dispute concerning the meaning or enforcement of
21 the settlement agreement should arise between the parties.
22
IT IS SO ORDERED.
23
24
25
Dated: May 2, 2012
PERCY ANDERSON
United States District Judge
26
27
28
2
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