Issa Zacharia v. City of Madera, Et Al.

Filing 79

STIPULATION and ORDER of Dismissal With Prejudice as to remaining City of Madera Defendants, the City of Madera and Commander Steve Frazier, signed by Chief Judge Anthony W. Ishii on 3/10/10. (Hellings, J)

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Jon F. Hamilton, State Bar No. 232559 FERGUSON, PRAET & SHERMAN 2 A Professional Corporation 1631 East 18th Street 3 Santa Ana, California 92701 PHONE (714) 953-5300 4 FAX (714) 953-1143 email: jhamilton@law4cops.com 1 5 Attorneys for Defendants, City of Madera; Sergeant M. Weils; Officers R. Hill and M. Kutz; Commander Steven Frazier; and 7 Police Chief Michael Kime 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ISSA ZACHARIA, ) ) Plaintiff, ) ) vs. ) ) CITY OF MADERA, COUNTY OF ) MADERA, Com. STEVE FRAZIER, ) DISTRICT ATTORNEY ERNEST ) LICALSI, DEPARTMENT OF JUSTICE ) FIREARMS DIVISION, SPECIAL ) AGENT IGNATIUS H. CHINN, SA ) MARSH, SA BADGLEY, SGT. M. ) WELLS, OFF. R. HEIL, OFF. M. KATZ, ) COMMANDER MICHAEL KIME, and ) DOES 1 through XX, inclusive, ) ) Defendants. ) ) ) 1. No. 1:06-CV-00892 AWI/SMS STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE [FED. R. CIV. P. 41(A)] Plaintiff Issa Zacharia and all City of Madera Defendants hereby jointly request and stipulate under Fed. R. Civ. P. 41(a) that the remaining City of Madera Defendants, the City of Madera and Commander Steve Frazier, be dismissed with prejudice as a defendant to this action. /// /// /// Stipulation and Order to Dismiss City of Madera & Steve Frazier No. 1:06-CV-00892 AWI/SMS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Each side is to bear its own costs and attorney's fees. All parties waive any and all claims for costs and/or fees that they might possess against any other party. Dated: February 19, 2010 FERGUSON, PRAET & SHERMAN A Professional Corporation By: /s/ Jon F. Hamilton Jon F. Hamilton, Attorney for Defendants, City of Madera; Sergeant M. Weils; Officers R. Hill and M. Kutz; Commander Steven Frazier; and Police Chief Michael Kime Dated: February 19, 2010 REAL LAWYERS - AT AFFORDABLE PRICES By: /s/ Eric H. Schweitzer Eric H. Schweitzer, Attorney for Plaintiff, Issa Zacharia Dated: February 19, 2010 By: WEAKLEY, ARENDT & McGUIRE, LLP /s/ James J. Arendt James J. Arendt, Attorneys for Defendants County of Madera and Ernie Licalsi OFFICE OF THE ATTORNEY GENERAL By: /s/ Alberto L. Gonzalez Alberto L. Gonzalez Attorneys for Defendant Ignatius H. Chinn Dated: February 23, 2010 Stipulation and Order to Dismiss City of Madera & Steve Frazier -2- No. 1:06-CV-00892 AWI/SMS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation and Order to Dismiss City of Madera & Steve Frazier ORDER The remaining City of Madera defendants, the City of Madera and Commander Steve Frazier, are dismissed with prejudice as defendants to this action. Each side to bear its own costs and attorneys' fees. IT IS SO ORDERED. Dated: 0m8i78 March 10, 2010 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE -3- No. 1:06-CV-00892 AWI/SMS

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