Hoot v. City of Modesto

Full title: FRANKLIN HOOT, Plaintiff, v. CITY OF MODESTO, MODESTO POLICE DEPARTMENT…

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA-FRESNO

Date published: Mar 6, 2013

Case No. 1:11-CV-01855-LJO-GSA (E.D. Cal. Mar. 6, 2013)

Opinion

Case No. 1:11-CV-01855-LJO-GSA

03-06-2013

FRANKLIN HOOT, Plaintiff, v. CITY OF MODESTO, MODESTO POLICE DEPARTMENT, DOES 1 -100, Inclusive, Defendants.

LAW OFFICES OF STEVEN A. FABBRO STEVEN A. FABBRO, ESQ. Attorney for Plaintiff SUSAN ALCALA WOOD, City Attorney JAMES F. WILSON, ESQ. Senior Deputy City Attorney Attorneys for Defendants SO AGREED AND APPROVED AS TO FORM AND CONTENT FRANKLIN HOOT, Plaintiff

Lawrence J. O'Neill

STEVEN A. FABBRO, ESQ. (SBN 107973)
LAW OFFICES OF STEVEN A. FABBRO
1124 Eleventh Street
Modesto, CA 95354
Telephone: (209) 527-6242
Facsimile: (209) 527-6251
Attorney for Plaintiff:
FRANKLIN HOOT

STIPULATION AND PROPOSED ORDER

RE: DISMISSAL OF THE ACTION

STIPULATION

The parties to the above-entitled action hereby stipulation and agreed as follows:

1. With the court's approval, the parties, by and through their respective counsel of record, hereby stipulate and agree, in exchange for the waiver of the defendant's right to recover the costs of defense incurred thus far this action before the U.S. District Court, the plaintiff agrees to the dismissal of any and all claims in this action with prejudice.
2. Each side is to bear its own costs in the litigation of the action before the U.S. District Court, including attorney's fees.

IT IS SO STIPULATED.

Respectfully submitted,

LAW OFFICES OF STEVEN A. FABBRO

BY: _______________

STEVEN A. FABBRO, ESQ.

Attorney for Plaintiff

SUSAN ALCALA WOOD, City Attorney

BY: _______________

JAMES F. WILSON, ESQ.

Senior Deputy City Attorney

Attorneys for Defendants

SO AGREED AND APPROVED AS TO

FORM AND CONTENT

BY: _________________

FRANKLIN HOOT, Plaintiff

ORDER

Based upon the foregoing stipulation and agreement of the parties in the above-entitled action, IT IS HEREBY ORDERED that this action is dismissed as follows:

1. All claims advanced by the plaintiff in this action are DISMISSED WITH PREJUDICE;
2. Each side to bear its own costs, including attorney's fees, in this action.
The clerk is directed to close this action.

IT IS SO ORDERED.

Lawrence J. O'Neill

UNITED STATES DISTRICT JUDGE