Estate of Singh v. Cnty. of Sacramento

Full title: ESTATE OF BALJIT SINGH, deceased, by and through PRABJIT SINGH DHANDA…

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Jul 11, 2012

CASE NO. 2:09-CV- 1439 JAM JFM (E.D. Cal. Jul. 11, 2012)

Opinion

CASE NO. 2:09-CV- 1439 JAM JFM

07-11-2012

ESTATE OF BALJIT SINGH, deceased, by and through PRABJIT SINGH DHANDA, JASJIT KAUR DHANDA, SUKHJIT KAUR DHANDA and DAVANJIT SINGH DHANDA (minors through their mother and guardian ad litem Amarjit Singh) and AMARJIT SINGH as successors in interest; PRABJIT SINGH DHANDA, Individually; JASJIT KAUR DHANDA, Individually; SUKHJIT KAUR DHANDA, Individually; DAVANJIT SINGH DHANDA, Individually; and AMARJIT SINGH, Individually, Plaintiffs, v. COUNTY OF SACRAMENTO; Sacramento County Sheriff JOHN MCGINNESS; Sacramento County Main Jail Commander SCOTT JONES; Sacramento County Sheriff's Department Chief of Correctional and Court Services JAMIE LEWIS; Sacramento County Chief of Correctional Health Services ANNMARIE BOYLAN; Sacramento County Jail System Medical Director Dr. PETER DIETRICH; UC Davis Department of Psychiatry Chair DR. ROBERT HALES; Clinical Direct of Jail Psychiatric Services PAUL HENDRICKS; Medical Director of Jail Psychiatric Services DR. GREGORY SOKOLOV; L. MICHAEL TOMPKINS; and Does 1 to 40, inclusive, Defendants.

LONGYEAR, O'DEA & LAVRA, LLP Van Longyear, SBN 84189 Jennifer Marquez, SBN 232194 Attorneys for Defendants, County of Sacramento, John McGinness, Scott Jones, Jamie Lewis, AnnMarie Boylan LAW OFFICE OF JOSEPH C. GEORGE Joseph C. George, Sr., SBN 119231 Joseph George, Jr., SBN 200999 Attorneys for Plaintiffs LAW OFFICE OF STEWART KATZ Stewart Katz, SBN 127425 Guy Danilowitz, SBN 257733 Attorneys for Plaintiffs WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP Robert F. Tyler, SBN 063055 Attorneys for Defendants, Robert Hales, Paul Hendricks, Gregory Sokolov, and Dr. L. Michael Tompkins

JOHN A. MENDEZ

LONGYEAR, O'DEA & LAVRA, LLP

Van Longyear, SBN 84189

Jennifer Marquez, SBN 232194

Attorneys for Defendants,

County of Sacramento, John McGinness,

Scott Jones, Jamie Lewis, AnnMarie Boylan

LAW OFFICE OF JOSEPH C. GEORGE

Joseph C. George, Sr., SBN 119231

Joseph George, Jr., SBN 200999

Attorneys for Plaintiffs

LAW OFFICE OF STEWART KATZ

Stewart Katz, SBN 127425

Guy Danilowitz, SBN 257733

Attorneys for Plaintiffs

WILKE, FLEURY, HOFFELT, GOULD

& BIRNEY, LLP

Robert F. Tyler, SBN 063055

Attorneys for Defendants,

Robert Hales, Paul Hendricks, Gregory

Sokolov, and Dr. L. Michael Tompkins

STIPULATION FOR DISMISSAL OF

DEFENDANTS JOHN MCGINNESS,

ANN MARIE BOYLAN, JAMIE LEWIS,

ALL STATE LAW CLAIMS (FIFTH

CLAIM FOR RELIEF)

AND ORDER

IT IS HEREBY STIPULATED, pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, by and between the Plaintiffs Estate of BALJIT SINGH, deceased, by and through PRABJIT SINGH DHANDA, JASJIT KAUR DHANDA, SUKHJIT KAUR DHANDA and DAVANJIT SINGH DHANDA (minors through their mother and guardian ad litem Amarjit Singh) and AMARJIT SINGH as successors in interest; PRABJIT SINGH DHANDA, Individually; JASJIT KAUR DHANDA, Individually, DAVANJIT SINGH DHANDA, Individually; and AMARJIT SINGH, and Defendants COUNTY OF SACRAMENTO, JOHN MCGINNESS, ANNMARIE BOYLAN, JAMIE LEWIS AND SCOTT JONES ("County Defendants") by and through their attorneys of record, to dismiss the following County Defendants and causes of action against County Defendants with prejudice:

1. County Defendant John McGinness, individually and in his official capacity, be dismissed with prejudice;
2. County Defendant Ann Marie Boylan, individually and in her official capacity, be dismissed with prejudice;
3. County Defendant Jamie Lewis, individually and in his official capacity, be dismissed with prejudice; and
4. All state law claims [Fifth Claim for Relief, Wrongful Death; Negligent Supervision, Training, Hiring and Retention (Cal. State Law), Failure to Furnish/Summon Medical Care (Cal. Govt. Code §845.6), Professional
Negligence/Medical Malpractice (Cal. State Law), Negligence/Negligence Per Se (Cal. State Law)] against County Defendants be dismissed with prejudice.

Each side to bear his, her and/or their own attorney's fees and costs.

IT IS SO STIPULATED.

LAW OFFICE OF STEWART KATZ

By: _________________________

STEWART KATZ

Attorney for Plaintiffs

LAW OFFICE OF JOSEPH C. GEORGE

By: _________________________

JOSEPH C. GEORGE, SR.

Attorney for Plaintiffs

LONGYEAR, O'DEA & LAVRA, LLP

By: _________________________

VAN LONGYEAR

JENNIFER MARQUEZ

Attorneys for Defendants,

County of Sacramento, John McGinness,

Scott Jones, Jamie Lewis, AnnMarie Boylan

WILKE, FLEURY, HOFFELT, GOULD & BIRNEY,

LLP

By: _________________________

ROBERT F. TYLER, JR.

Attorneys for Defendants, Robert Hales,

Paul Hendricks, Gregory Sokolov,

L. Michael Tompkins

ORDER

The stipulation of the parties to dismiss County Defendants JOHN MCGINNESS, ANN MARIE BOYLAN, JAMIE LEWIS and all state law claims against COUNTY DEFENDANTS having been read and considered,

IT IS HEREBY ORDERED that County Defendant JOHN MCGINNESS, ANN MARIE BOYLAN, JAMIE LEWIS are dismissed with prejudice forthwith and all state law claims against COUNTY DEFENDANTS are dismissed with prejudice.

Each side to bear his, her and/or their own attorney's fees and costs.

_________________________

THE HONORABLE JOHN A. MENDEZ

United States District Court Judge