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Beckway v. Deshong

NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION UNITED STATES DISTRICT COURT
Nov 8, 2011
NO. C 07 5072 TEH (N.D. Cal. Nov. 8, 2011)

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


Summaries of

Beckway v. Deshong

NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION UNITED STATES DISTRICT COURT
Nov 8, 2011
NO. C 07 5072 TEH (N.D. Cal. Nov. 8, 2011)
Case details for

Beckway v. Deshong

Case Details

Full title:BRENT BECKWAY, Plaintiff , v. DEPUTY PAUL DESHONG, DOES 1 through 10…

Court:NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION UNITED STATES DISTRICT COURT

Date published: Nov 8, 2011

Citations

NO. C 07 5072 TEH (N.D. Cal. Nov. 8, 2011)