Opinion
NO. C 07 5072 TEH
11-08-2011
BRENT BECKWAY, Plaintiff , v. DEPUTY PAUL DESHONG, DOES 1 through 10, inclusive, SHERIFF RODNEY K. MITCHELL, COUNTY OF LAKE SHERIFF'S DEPARTMENT and COUNTY OF LAKE, Defendants.
CHARLES F. BOURDON, State Bar #84782 Law Offices of Charles F. Bourdon BARON J. DREXEL, State Bar #132529 Law Offices of Baron J. Drexel Attorneys for Plaintiff MARK A. JONES, State Bar #96494 KRISTEN K. PRESTON, State Bar #125455 JONES & DYER Attorneys for: Defendants County of Lake, County of Lake Sheriff's Department, Sheriff Rodney Mitchell and Deputy Richard Ward TERENCE J. CASSIDY, State Bar #99180 JOHN R. WHITEFLEET, State Bar #213301 PORTER | SCOTT Attorneys for: Defendant Deputy Paul DeShong
CHARLES F. BOURDON, State Bar #84782
Law Offices of Charles F. Bourdon
BARON J. DREXEL, State Bar #132529
Law Offices of Baron J. Drexel
Attorneys for Plaintiff
MARK A. JONES, State Bar #96494
KRISTEN K. PRESTON, State Bar #125455
JONES & DYER
Attorneys for: Defendants County of Lake, County of Lake Sheriff's Department,
Sheriff Rodney Mitchell and Deputy Richard Ward
TERENCE J. CASSIDY, State Bar #99180
JOHN R. WHITEFLEET, State Bar #213301
PORTER | SCOTT
Attorneys for: Defendant Deputy Paul DeShong
STIPULATION AND ORDER
On October 2, 2007, the plaintiff filed a complaint and demand for trial by jury in this case, identifying as defendants Sheriff Rodney K. Mitchell, County of Lake Sheriff's Department, and County of Lake. (Docket #1) Pursuant to prior order of this court, plaintiff's claims against the Lake County Sheriff's Department were dismissed on the basis that the Sheriff's Department is not a proper defendant to a section 1983 claim. (Docket #11, Section IV, at page 9 and following.)
Plaintiff has agreed to dismiss his claims against defendant Sheriff Rodney K. Mitchell and County of Lake in exchange for the agreement of defendants Sheriff Rodney K. Mitchell, County of Lake Sheriff's Department and County of Lake to waive their rights to recovery of litigation costs.
IT IS THEREFORE STIPULATED by and between all parties to this stipulation, by and through their respective attorneys of record, that the plaintiff's claims against Sheriff Rodney K. Mitchell and County of Lake be dismissed with prejudice.
IT IS FURTHER STIPULATED by and between all parties to this stipulation, through their respective attorneys of record, that defendants Sheriff Rodney K. Mitchell, County of Lake Sheriff's Department and County of Lake waive their rights to recover litigation costs against the plaintiff herein.
LAW OFFICES OF CHARLES F. BOURDON
CHARLES F. BOURDON
BARON J. DREXEL
Attorneys for Plaintiff
JONES & DYER
KRISTEN PRESTON
Attorneys for Defendants County of County of Lake,
County of Lake Sheriff's Department and Sheriff
Rodney Mitchell, Deputy Richard Ward
PORTER SCOTT
JOHN R. WHITEFLEET
Attorneys for Defendant Paul DeShong
ORDER
The Court, having considered the foregoing stipulation of the parties, and good cause appearing therefor, the Court hereby orders that plaintiff's claims against Sheriff Rodney K. Mitchell and County of Lake be, and are hereby dismissed, with prejudice. The court further orders that, by stipulation, the defendants County of Lake, County of Lake Sheriff's Department, and Sheriff Rodney K. Mitchell are precluded from recovery of costs of litigation on the basis of this Court's dismissal of plaintiff's claims against defendant Sheriff Rodney K. Mitchell, County of Lake Sheriff's Department and County of Lake.
Judge Thelton E. Henderson