Opinion
Case No.: 2:12-CV-0242 JFM (PC)
05-02-2013
BILLY WOLFINGTON, Plaintiff, v. OLDEN et al., Defendant
LONGYEAR, O'DEA & LAVRA, LLP John A. Lavra, CSB No.: 114533 Kelley S. Kern, CSB No: 221265 Attorneys for Defendants, J. Oldham ; P. Chand; M. Castaneda; M. Barrientos; D. Deneau; and R. Capel By: BILLY WOLFINGTON, PLAINTIFF
LONGYEAR, O'DEA & LAVRA, LLP
John A. Lavra, CSB No.: 114533
Kelley S. Kern, CSB No: 221265
Attorneys for Defendants,
J. Oldham ;
P. Chand;
M. Castaneda;
M. Barrientos;
D. Deneau; and
R. Capel
STIPULATION TO DISMISS CASE IN
ITS ENTIRETY, WITH PREJUDICE,
AGAINST ALL NAMED DEFENDANTS
INCLUDING ANY CLAIMS AGAINST
"OFFICER CASTAWEON."
Plaintiff named Officer Castaweon as a Defendant in this lawsuit. After initially filing an Answer on behalf of "Officer Castaweon," Defendants Oldham, Chand, Castaneda, Barrientos, Deneau, and Capel determined that Yolo County does not employ an Officer Castaweon, and asked the Court to withdraw the Answer previously filed on his behalf. Thereafter, Plaintiff agreed to dismiss his Complaint against Defendants Oldham, Chand, Castaneda, Barrientos, Deneau, and Capel and the parties filed a Stipulation and Order regarding dismissal of the case.
As there is no one employed by Yolo County by the name of Castaweon, the parties hereby stipulate that the dismissal of the lawsuit against all Defendants was intended to include "Officer Castaweon." It is Plaintiff's intention to dismiss the case in its entirety, with prejudice, including any claims against "Officer Castaweon."
It is hereby Stipulated.
_________________
By: BILLY WOLFINGTON,
PLAINTIFF
LONGYEAR, O'DEA & LAVRA, LLP
By: _______________
JOHN A. LAVRA
KELLEY S. KERN
ORDER
It is hereby ordered. The case is dismissed, with prejudice, in its entirety, against all named Defendants.
_________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
PROOF OF SERVICE
CASE: Wolfington vs. Olden et al.
COURT: United States District Court
CASE NO.: 2:12-cv-0242 JFM (PC)
I am employed in the County of Sacramento. I am over the age of eighteen years and not a party to the within above-entitled action. My business address is 3620 American River Dr. Ste. 230, Sacramento, CA 95864.
I am familiar with this office's practice whereby the mail is sealed, given the appropriate postage and placed in a designated mail collection area. Each day's mail is collected and deposited in a United States mailbox after the close of each day's business.
On May 2, 2013, I served the following:
STIPULATION TO DISMISS CASE IN ITS ENTIRETY, WITH PREJUDICE, AGAINST ALL NAMED DEFENDANTS INCLUDING ANY CLAIMS AGAINST "OFFICER CASTAWEON."
XX United States Mail - on all parties in said action by placing a true copy of the above-described document(s) enclosed in a sealed envelope in the designated area for outgoing mail addressed as set forth below. Billy Wolfington
115360
MONROE DETENTION CENTER
140 "A" Tony Diaz Drive
Woodland, CA 95776-5194
_________________
An Employee of Longyear, O'Dea & Lavra LLP