Opinion
Action No: C 02 5067 SI
February 25, 2003
Russell Davis, Esq. (State Bar #177959) Law Offices of Russell Davis, San Francisco, CA, Attorney's for Plaintiff
DECLARATION OF RUSSELL DAVIS RE: DISMISSAL OF CASE (FRCP 41)
ORDER
Russell Davis declares:
1. 1 am the attorney of record for the plaintiffs in this matter. I have personal knowledge of the facts in this declaration and if called to testify about them I would and could do so competently.
2. Attached as exhibit 1 to this declaration is a true and correct copy of a stipulation between counsel. By this stipulation the parties agree to dismiss the instant case with prejudice, with both sides bearing their own costs and fees.
3. Wherefore, plaintiffs respectfully ask the court to dismiss the case.
I declare under penalty of perjury of the laws of the United States and California that the foregoing is true and correct.
Executed in San Francisco February 19, 2003.
Exhibit 1
Russell Davis, Esq. (State Bar # 177959) LAW OFFICES OF RUSSELL DAVIS 1628 Union Street San Francisco, CA 94123 Tel: (415) 409-5626
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
ERIC LIVINGSTON, ACTION NO: C02 5067 SI LAWRENCE ROSENBAUM, AMERICAN CHRISTIAN ENTERPRISES, dba SOS
Plaintiffs,
v. STIPULATION TO DISMISS CASE
CITY AND COUNTY OF SAN FRANCISCO, OFFICER DAN GALLAGHER, in his official and personal capacity, OFFICER DENNIS MARTEL, in his Official and personal capacity, MICHAEL WEISS, in his official and personal capacity, REVE BAUTISTA, in her official and personal capacity, THE DISTRICT ATTORNEY OF SAN FRANCISCO COUNTY, TERRENCE HALLINAN, in his official capacity only
DOES 1-100
Defendants __________________________________
The parties hereby agree and stipulate as follows:
1. To dismiss this case with prejudice.
2. Each side to beer there own costs and fees.
Dated: 02/14/03
______________________________________ Russell Davis, Attorney for Plaintiffs
Dated: 2/14/03
______________________________________ Attorney for Defendants