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Stipulation and Order re Dismissal of Certain Claims and Parties.

OFFICE OF THE COUNTY COUNSEL

County of San Joaquin

DANIEL C. CEDERBORG, CSB #124260

Deputy County Counsel

JASON R. MORRISH, CSB #192686

Deputy County Counsel

Courthouse - Room 711

222 East Weber Avenue

Stockton, California 95202

Telephone: (209) 468-2980

Attorneys for Defendants, 

 COUNTY OF SAN JOAQUIN, SHERIFF BAXTER

 DUNN and SHERIFF’s DEPARTMENT

 OF SAN JOAQUIN COUNTY

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ROBERT T. BROWN, individually and on

behalf of Class of Persons similarly situated,

 

Plaintiff, 

vs.

COUNTY OF SAN JOAQUIN, SHERIFF

BAXTER DUNN, SHERIFF’S DEPARTMENT

OF SAN JOAQUIN COUNTY and DOES I

through X inclusive,

 

 Defendants.

CASE NO. CIV.S-04-2008 FCD PAN

 

STIPULATION AND ORDER

DISMISSING CERTAIN CLAIMS

AND PARTIES

 

 

Plaintiff ROGER T. BROWN and Defendants COUNTY OF SAN JOAQUIN, SHERIFF

BAXTER DUNN, DEPUTY RICHARD DUNSING, DEPUTY SEMILLO, DEPUTY

MENDEZ, and LT. MENDOZA, by and through their respective counsel, respectfully submit

this STIPULATION AND ORDER DISMISSING CERTAIN CLAIMS AND PARTIES for

consideration by the Court. The Parties have reached agreement on dismissing some but not all

of the claims and parties in this litigation as set forth below.

/ / /

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Stipulation and Order re Dismissal of Certain Claims and Parties.

STIPULATION

The Parties hereby stipulate as follows:

1. All class action allegations are dismissed with prejudice.

2. Sheriff Baxter Dunn, and Sheriff's Deputies Mendez and Semillo are dismissed as

defendants for all purposes with prejudice

3. The Second Cause of Action under 42 U.S.C. §1983 based on 1st Amendment

Free Speech is dismissed with prejudice as to all defendants.

4. The Fifth and Sixth Causes of Action for conspiracy under federal civil rights

statutes are dismissed with prejudice as to all defendants.

5. The Eighth Cause of Action for violation of Unruh and Tome Bane Civil Rights

Act is dismissed with prejudice as to all defendants.

6. The remaining Causes of Action and parties shall continue in this action as set

forth in the amended complaint.

7. The parties shall each bear their own costs and attorneys fees with respect to the

dismissals in this stipulation.

WHEREFORE, the parties stipulate to and request from the Court an order confirming

the above stipulation and dismissing certain claims and parties from this action as set above.

Respectfully submitted,

OFFICE OF THE COUNTY COUNSEL

Dated: April 27, 2006 By: /s/ Daniel C. Cederborg 

DANIEL C. CEDERBORG

 Deputy County Counsel

Attorneys for Defendants,

COUNTY OF SAN JOAQUIN, SHERIFF

BAXTER DUNN and SHERIFF’S

DEPARTMENT OF SAN JOAQUIN

COUNTY

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Stipulation and Order re Dismissal of Certain Claims and Parties.

Dated: 

By: 

BRUCE W. NICKERSON 

 Attorney at Law

Attorney for Plaintiff,

ROBERT T. BROWN

ORDER OF THE COURT

The Parties to this action having stipulated to the dismissal of certain claims and parties

in this action, and good cause appearing,

IT IS HEREBY ORDERED THAT:

1. The Stipulation is hereby confirmed and the claims and parties identified in the

Stipulation above are hereby dismissed with prejudice.

2. The parties shall each bear their own attorney’s fees and costs with respect to the

dismissals of claims and parties in this stipulated order.

Date: May 2, 2006 /s/ Frank C. Damrell Jr. 

Hon. Frank C. Damrell, Jr.

United States District Judge

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