Opinion
LAW OFFICE OF STEWART KATZ STEWART KATZ Attorneys for Plaintiffs
LONGYEAR, O'DEA & LAVRA, LLP VAN LONGYEAR Attorneys for Defendants
STIPULATION AND ORDER FOR PARTIAL DISMISSAL
Troy L. Nunley United States District Judge
Plaintiffs are represented by Stewart Katz of the Law Office of Stewart Katz. Defendants are represented by Van Longyear and Peter C. Zilaff of Longyear, O'Dea & Lavra, LLP.
The parties through their respective attorneys stipulate that for purposes of this action, only, any action taken by Sheriff Scott Jones regarding the matters pertaining to this suit were actions taken in his official capacity as the Sheriff of Sacramento County.
In consideration of the foregoing, the parties stipulate that the following claims and/or defendant shall be dismissed, with prejudice, with each party to bear its respective attorneys' fees and costs:
1. The state law- wrongful death claim based upon California Government Code § 845.6 (Fifth Claim For Relief part b.) be dismissed;
2. The state law- wrongful death claim based upon negligent supervision, training, hiring and retention (Fifth Claim For Relief part a.) be dismissed;
2. The Fourth Claim for Relief for supervisory liability claim be dismissed; and,
3. All claims against Sheriff Scott Jones in his individual and official capacities be dismissed.
To be clear, the parties do not intend this stipulation to include a dismissal of the Third Claim for Relief alleging, in part, a failure to supervise.
IT IS HEREBY STIPULATED:
IT IS SO ORDERED.