Pust v. Placerville et al
Filing
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STIPULATION and ORDER 30 signed by Judge Morrison C. England, Jr., on 6/20/11, ORDERING that Defendant County of El Dorado and Jeff Neves are DISMISSED with prejudice. The Fifth Cause of Action remains the only cause of action in the Complaint being asserted against Defendant Robertson. Each side will bear its/his own attorneys' fees and costs with respect to the parties and causes of action hereby dismissed. Plaintiff's complaint remains otherwise active. (Kastilahn, A)
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RICHARD H. CAULFIELD, SBN 50258
ANDREW T. CAULFIELD, SBN 238300
CAULFIELD, DAVIES & DONAHUE, LLP
P.O. Box 277010
Sacramento, CA 95827
Telephone: (916) 817-2900
Facsimile: (916) 817-2644
Attorneys for COUNTY OF EL DORADO, JEFF NEVES,
and JOHN ROBERTSON
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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-o0o-
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DAVID ALLEN PUST,
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Plaintiff,
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v.
CITY OF PLACERVILLE, et al,
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Case No. 2:09-CV-02730-MCE-JFM
STIPULATION AND ORDER RE
DISMISSAL OF CERTAIN DEFENDANTS
AND CAUSES OF ACTION
[Fed. R. Civ. P. 41(a)(1)(A)(ii)
Defendants.
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Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), IT IS HEREBY STIPULATED,
by and between Plaintiff DAVID ALLEN PUST, Defendants COUNTY OF EL DORADO, JEFF
NEVES and JOHN ROBERTSON, and the remaining parties in this case, by and through their
respective counsel of record, that the following parties and causes of action asserted in Plaintiff’s
Complaint on file in this action be dismissed as follows:
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1. All claims and causes of action asserted in Plaintiff’s Complaint against Defendant
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COUNTY OF EL DORADO are hereby dismissed with prejudice.
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2. All claims and causes of action asserted in Plaintiff’s Complaint against Defendant JEFF
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NEVES are hereby dismissed with prejudice.
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PAGE 1
Stipulation and Order re Dismissal
Case No. 2:09-CV-02730-MCE-JFM
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3. The following causes of action asserted in Plaintiff’s Complaint against Defendant JOHN
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ROBERTSON are hereby dismissed with prejudice: First Cause of Action, Second
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Cause of Action, Third Cause of Action, Fourth Cause of Action, Sixth Cause of Action,
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Seventh Cause of Action, Eighth Cause of Action, Ninth Cause of Action, Tenth Cause
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of Action, Eleventh Cause of Action, Twelfth Cause of Action (incorrectly identified in
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the Complaint as a second Eleventh Cause of Action). The Fifth Cause of Action
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(Violation of the Fourth Amendment to the U.S. Constitution—Excessive Force) is not
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hereby dismissed, and remains the only cause of action in the Complaint being asserted
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against Defendant Robertson.
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4. Each side will bear its/his own attorneys’ fees and costs with respect to the parties and
causes of action hereby dismissed.
IT IS SO STIPULATED.
Dated: June 7, 2011
CAULFIELD DAVIES & DONAHUE, LLP
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By:____/s/ Andrew T. Caulfield____
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Andrew T. Caulfield
Attorney for Defendants COUNTY OF EL
DORADO, JEFF NEVES, and JOHN
ROBERTSON
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Dated: June 9, 2011
LAW OFFICE OF PETER B. TIEMANN
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By:___/s/ Peter B. Tiemann______
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Peter B. Tiemann
Attorney for Plaintiff DAVID ALLEN PUST
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Dated: June 9, 2011
STEWART KATZ LAW OFFICES
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By:___/s/ Stewart L. Katz_________
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Stewart L. Katz
Attorney for Plaintiff DAVID ALLEN PUST
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[Signatures Continued on Following Page]
PAGE 2
Stipulation and Order re Dismissal
Case No. 2:09-CV-02730-MCE-JFM
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Dated: June 9, 2011
TONON & ASSOCIATES
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By:____/s/ Gayle K. Tonon_______
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Gayle K. Tonon
Attorney for Defendant JASON ALGER
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Dated: June 9, 2011
FERGUSON, PRAET & SHERMAN
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By:___/s/ Bruce D. Praet__________
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Bruce D. Praet
Attorney for Defendants, City of Placerville,
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Chief George Neilsen, Officer Michael
Elledge, and Officer Ben Scholtz
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IT IS SO ORDERED. Certain Defendants and causes of action are hereby dismissed as set forth
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above. Plaintiff’s Complaint remains otherwise active.
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Date: June 20, 2011
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__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE
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DEAC_Signature-END:
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PAGE 3
Stipulation and Order re Dismissal
Case No. 2:09-CV-02730-MCE-JFM
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