Bonine v. Fulton-el Camino Recreation & Parks Dist.

Full title: TOBY BONINE, Plaintiff, v. FULTON-EL CAMINO RECREATION AND PARKS DISTRICT…

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Sep 23, 2011

Case No. 2:10-cv-01101-LKK-EFB (E.D. Cal. Sep. 23, 2011)

Opinion

Case No. 2:10-cv-01101-LKK-EFB

09-23-2011

TOBY BONINE, Plaintiff, v. FULTON-EL CAMINO RECREATION AND PARKS DISTRICT, and DOES 1 to 50, Defendant.

MICHAEL PAZDERNIK (SBN 144337) ADAMS & CORZINE Attorney for Plaintiff TOBY BONINE

LAWRENCE K. KARLTON

MICHAEL PAZDERNIK (SBN 144337)

ADAMS & CORZINE

Attorney for Plaintiff

TOBY BONINE

ORDER RE: STIPULATION TO DISMISS FIRST CAUSE OF ACTION OF FIRST AMENDED COMPLAINT

THIS COURT, having considered the stipulation between plaintiff Toby Bonine ("plaintiff") and defendant Fulton-El Camino Recreation and Parks District ("Fulton-El Camino"), inter alia, to dismiss this action, and good cause appearing, hereby accepts the stipulation and renders the following:

IT IS ORDERED THAT:

1. Per Rule 41(a)(1)(A)(ii), FRCP, the First Cause of Action pled in the First Amended Complaint is dismissed without prejudice; that cause of action pleads a Claim under California Government Code §3300 et seq. As there is no further claim remaining by this dismissal, the First Amended Complaint is dismissed in its entirety. By entering
into their stipulation, all parties retain their rights to pursue any rights they possess to pursue an award of fees and costs as provided by law.

LAWRENCE K. KARLTON

SENIOR JUDGE

UNITED STATES DISTRICT COURT