Opinion
Case No. 1:11-CV-00708-LJO-GSA
12-13-2012
BONNIE FARLEY, an individual, Plaintiff, v. CITY OF LIVINGSTON POLICE OFFICER DANE VILLAREAL, CITY OF LIVINGSTON POLICE DEPARTMENT UNNAMED EMPLOYEES 1 THROUGH 20, CITY OF MERCED POLICE OFFICER LEONE PITABONO, UNNAMED COUNTY OF MERCED EMPLOYEES DESIGNATED AS DOES 11 THROUGH 20; Does 11 THROUGH 30 Defendants,
BORTON PETRINI, LLP Bradley A. Post, Esq., Attorneys for Defendant, CORPORAL DAIHN VILLARREAL, WRONGFULLY SUED HEREIN AS POLICE OFFICER DANE VILLAREAL LAW OFFICE OF NORMAN NEWHOUSE Norman Newhouse, Esq., Attorneys for Plaintiff, BONNIE FARLEY PORTER SCOTT John R. Whitefleet, Esq., Attorneys for Defendant, OFFICER LEONE PINTABONA
Bradley A. Post, Esq. # 127028
BORTON PETRINI, LLP
1104 12th Street
Modesto, California 95354
Telephone: (209) 576-1701
Facsimile : (209) 527-9753
bpost@bortonpetrini.com
Attorneys for Defendants,
CITY OF LIVINGSTON POLICE DEPARTMENT,
CORPORAL DAIHN VILLARREAL,
WRONGFULLY SUED HEREIN AS POLICE
OFFICER DANE VILLAREAL
JOINT STIPULATION OF DISMISSAL
WITH PREJUDICE PURSUANT TO
FED. R. CIV. P. 41(a)(1)(A)(ii) AND
ORDER
JOINT STIPULATION OF DISMISSAL
WHEREAS Plaintiff BONNIE FARLEY's ("FARLEY") Third Amended Complaint (Doc. 36) alleged one cause of action against all Defendants, including Defendant DAIHN VILLARREAL ("VILLARREAL"), for Violation of Plaintiff's Civil Right to Be Free from Unreasonable Seizure Under 42 USC § 1983, and The Fourth Amendment of the United States Constitution Against all Defendants, Acting Under Color of Law and in Their Official Entity or Individual Capacities;
WHEREAS, on November 1, 2012, counsel for Plaintiff FARLEY and Defendant VILLARREAL discussed, and agreed to, the dismissal of all claims alleged against Defendant VILLARREAL in this action, based upon a private settlement between the parties;
WHEREAS, counsel for Defendant VILLARREAL informed counsel for Defendant OFFICER LEONE PINTABONA ("PINTABONA") of Plaintiff FARLEY and Defendant VILLARREAL's agreement regarding settlement and dismissal;
IT IS HEREBY stipulated, by and between all parties to this action, that:
All claims by Plaintiff FARLEY alleged against Defendant VILLARREAL in this action be dismissed with prejudice, pursuantto Fed. R. Civ. P. Rule 41(a)(1)(A)(ii), with each party bearing its own costs.
IT IS SO STIPULATED.
BORTON PETRINI, LLP
By: _________________
Bradley A. Post, Esq.,
Attorneys for Defendant,
CORPORAL DAIHN VILLARREAL,
WRONGFULLY SUED HEREIN AS POLICE
OFFICER DANE VILLAREAL
LAW OFFICE OF NORMAN NEWHOUSE
By: _________________
Norman Newhouse, Esq.,
Attorneys for Plaintiff,
BONNIE FARLEY
PORTER SCOTT
By: _________________
John R. Whitefleet, Esq.,
Attorneys for Defendant,
OFFICER LEONE PINTABONA
ORDER
Pursuant to the Parties' Stipulation, all claims by Plaintiff BONNIE FARLEY in this matter, as alleged against Defendant CORPOREAL DAIHN VILLARREAL, are dismissed with prejudice, pursuant to Fed. R. Civ. P. Rule 41(a)(1)(A)(ii). The clerk is directed NOT to close this action. IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE