McNAMARA, DODGE, NEY, BEATTY, SLATTERY, PFALZER, BORGES & BROTHERS LLP

ATTORNEYS AT LAW

P.O. BOX 5288, WALNUT CREEK, CA 94596

TELEPHONE: (925) 939-5330

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STIPULATION AND ORDER DISMISSING ENTIRE 

ACTION WITH PREJUDICE - C08-1709 SI

JAMES V. FITZGERALD, III (State Bar No. 55632)

NOAH G. BLECHMAN (State Bar No. 197167)

MCNAMARA, DODGE, NEY, BEATTY, SLATTERY, PFALZER, BORGES & BROTHERS LLP

1211 Newell Avenue

Post Office Box 5288

Walnut Creek, CA 94596

Telephone: (925) 939-5330

Facsimile: (925) 939-0203

Attorneys for Defendants

CITY OF ANTIOCH; ANTIOCH POLICE DEPARTMENT; 

JAMES HYDE; OFFICER JAMES VINCENT; OFFICER 

LEROY BLOXSOM; OFFICER PFEIFFER; OFFICER M. 

ZEPEDA; SERGEANT KEVIN ROGERS; OFFICER R. 

SOLARI

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DEARMAND E., a minor, by and through 

DEARMAND ELLIS, JR., his father/legal 

guardian; MICHAEL H., a minor, by and 

through ONITA TUGGLES, his 

mother/legal guardian; and NICHOLAS P., 

a minor, by and through BETTINA 

LAWRENCE, his mother/legal guardian,

Plaintiffs,

vs.

CITY OF ANTIOCH; ANTIOCH POLICE 

DEPARTMENT; JAMES HYDE, Chief of 

Police, Antioch Police Department, in his 

individual and official capacities; 

OFFICER JAMES VINCENT (#3747); 

OFFICER LEROY BLOXSOM (#2083); 

OFFICER PFEIFFER (#3707); OFFICER 

M. ZEPEDA (#4137); SERGEANT 

KEVIN ROGERS (#2464); OFFICER R. 

SOLARI (#2372), in their individual and 

official capacities; 

Defendants.

Case No. C08-01709 SI

STIPULATION AND [PROPOSED] 

ORDER DISMISSING ENTIRE ACTION 

WITH PREJUDICE

IT IS HEREBY STIPULATED AND AGREED by and between the parties to this action, 

through their respective counsel of record that pursuant to Federal Rule of Civil Procedure 

Case 3:08-cv-01709-SI Document 158 Filed 02/01/10 Page 1 of 2
McNAMARA, DODGE, NEY, BEATTY, SLATTERY, PFALZER, BORGES & BROTHERS LLP

ATTORNEYS AT LAW

P.O. BOX 5288, WALNUT CREEK, CA 94596

TELEPHONE: (925) 939-5330

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STIPULATION AND ORDER DISMISSING ENTIRE 

ACTION WITH PREJUDICE - C08-1709 SI

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41(a)(1), Plaintiffs hereby dismiss the entire action against the City of Antioch, the Antioch 

Police Department, and the named individual City of Antioch Defendants, with prejudice, each 

party to bear its own fees and costs.

IT IS SO STIPULATED.

Dated: January 25, 2010 MCNAMARA, DODGE, NEY, BEATTY, SLATTERY,

PFALZER, BORGES & BROTHERS LLP

/s/ Noah Blechman

By: 

James V. Fitzgerald, III

Noah G. Blechman

Attorneys for Defendants

CITY OF ANTIOCH; ANTIOCH POLICE 

DEPARTMENT; JAMES HYDE; OFFICER JAMES 

VINCENT; OFFICER LEROY BLOXSOM; OFFICER 

PFEIFFER; OFFICER M. ZEPEDA; SERGEANT 

KEVIN ROGERS; OFFICER R. SOLARI

Dated: January 25, 2010 By: /s/ Jivaka Candappa _______________________________

JIVAKA CANDAPPA, ESQ.

Attorney for Plaintiffs

DEARMAND E., MICHAEL H., 

and NICHOLAS P.

PURSUANT TO THE FOREGOING STIPULATION, IT IS SO ORDERED. 

ORDER

Dated: _______________, 2010

________________________________________

HON. SUSAN ILLSTON

UNITED STATES DISTRICT COURT JUDGE

Case 3:08-cv-01709-SI Document 158 Filed 02/01/10 Page 2 of 2