Estate of Matthew McEvers et al v. County of Sacramento et al

Filing 132

AMENDED STIPULATION for Dismissal with Prejudice and AMENDED ORDER signed by Judge Larry R Hicks on 5/19/10 ORDERING this action DISMISSED with prejudice only as to the claims of pltfs, Estate of Matthew McEvers, by and through Brett McEvers and Gabr iel McEvers and Shannnon McEvers, as successors interest; Brett McEvers, individually, against dfts County of Sacramento, Sheriff Lou Blanas, Capt. Mark Iwasa and Angela Eisentrout; each party to bear his, her or its own costs and attorneys' fees; the orders signed by this in these cases on 4/23/10 are VACATED. (Carlos, K)

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1 2 3 4 5 6 7 VAN LONGYEAR, CSB No. 84189 JENNIFER MARQUEZ, CSB No. 232194 Longyear, O'Dea and Lavra, LLP 3620 American River Drive, Suite 230 Sacramento, CA. 95864 Telephone: (916) 974-8500 Facsimile: (916) 974-8510 Attorneys for Defendants, County of Sacramento, Sheriff Lou Blanas, Captain Mark Iwasa UNITED STATES DISTRICT COURT EASTERN DISTRICT 8 OF CALIFORNIA SACRAMENTO DIVISION 9 10 3620 American River Drive, Suite 230 S a c r a m e n t o , CA 95864-5923 T e l e p h o n e (916) 974-8500 / Facsimile (916) 974-8510 Estate of MATTHEW McEVERS, et al. 11 LONGYEAR, O'DEA & LAVRA, LLP Plaintiff 12 v. 13 A tto rn e y s a t L a w COUNTY OF SACRAMENTO, et al. 14 Defendants. 15 16 _____________________________________ 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 2:06-CV-02161 LRH (RAM) [Consolidated with 2:06-cv-02864] AMENDED STIPULATION FOR DISMISSAL WITH PREJUDICE AMENDED [PROPOSED] ORDER COMES NOW, Plaintiffs, Estate of Matthew McEvers, deceased, by and through Brett McEvers and Gabriel McEvers (minors through their mother and guardian ad litem Shannon McEvers) and Shannon McEvers, as successors in interest; Brett McEvers, Individually, Gabriel McEvers, Individually, Shannon McEvers, Individually, and Lynette McEvers, Individually (Plaintiffs) and Defendants, County of Sacramento, Sheriff Lou Blanas, Captain Mark Iwasa (erroneously sued herein as the Sacramento County Sheriff's Department) and Angela Eisentrout and through their counsel stipulate that this matter may be dismissed with prejudice pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, of any and all claims, in consideration of settlement payment from the County of Sacramento to Plaintiffs for amount satisfactory to Plaintiffs. Amended Stipulation for Dismissal with Prejudice and Amended [Proposed] Order P age 1 1 2 3 4 5 6 Each party to bear his, her or its own costs and attorneys' fees, including any entitlement to fees or costs pursuant to 42 U.S.C. Section 1988. The parties therefore stipulate that this matter may be dismissed in its entirety with prejudice. Dated: May 12, 2010 LONGYEAR, O'DEA & LAVRA, LLP By: /s/ Van Longyear 7 8 9 10 3620 American River Drive, Suite 230 S a c r a m e n t o , CA 95864-5923 T e l e p h o n e (916) 974-8500 / Facsimile (916) 974-8510 VAN LONGYEAR Attorneys for Defendants, County of Sacramento, Sheriff Lou Blanas, Captain Mark Iwasa LONGYEAR, O'DEA & LAVRA, LLP 11 12 Dated: May 12, 2010 LAW OFFICE OF STEWART KATZ By: /s/ Stewart Katz 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STEWART KATZ Attorney for Plaintiffs, Estate of Matthew McEvers, deceased, by and through Brett McEvers and Gabriel McEvers (minors through their mother and guardian ad litem Shannon McEvers) and Shannon McEvers, as successors in interest; Brett McEvers, Individually, Gabriel McEvers, Individually, Shannon McEvers, Individually, and Lynette McEvers, Individually A tto rn e y s a t L a w Dated: May 12, 2010 MORENO & RIVERA By: /s/ Jesse M. Rivera JESSE M. RIVERA Attorneys for Defendant Angela Eisentrout A m e n d e d Stipulation for Dismissal with Prejudice and Amended [Proposed] Order P age 2 1 2 3 4 5 6 7 8 9 10 3620 American River Drive, Suite 230 S a c r a m e n t o , CA 95864-5923 T e l e p h o n e (916) 974-8500 / Facsimile (916) 974-8510 CASE NO. 2:06-CV-02161 LRH (RAM) [Consolidated with 2:06-cv-02864] AMENDED ORDER REGARDING DISMISSAL IT IS SO ORDERED. This action is dismissed, with prejudice, only as to the claims of Plaintiffs, Estate of Matthew McEvers, deceased, by and through Brett McEvers and Gabriel McEvers (minors through their mother and guardian ad litem Shannon McEvers) and Shannon McEvers, as successors in interest; Brett McEvers, Individually, Gabriel McEvers, Individually, Shannon McEvers, Individually, and Lynette McEvers, Individually, against Defendants, County of Sacramento, Sheriff Lou Blanas, Captain Mark Iwasa (erroneously sued herein as the Sacramento County Sheriff's Department) and Angela Eisentrout. Each party to bear his, her or its own costs and attorneys' fees. The orders signed by this court in these cases on April 23, 2010 are VACATED. LONGYEAR, O'DEA & LAVRA, LLP 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A tto rn e y s a t L a w Dated: May 19, 2010 _____________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE A m e n d e d Stipulation for Dismissal with Prejudice and Amended [Proposed] Order P age 3

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