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Garber v. City of Clovis

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Jul 2, 2012
CASE NO. 1:09-CV-00242-AWI-SMS (E.D. Cal. Jul. 2, 2012)

Opinion

CASE NO. 1:09-CV-00242-AWI-SMS

07-02-2012

CHESTER S. GARBER, BETTY C. TING, EMILIA C. TING, M.D., EMILIA C. TING, M.D., INC., GARBER T. SERVICES CO., INC., AND GOLDEN VALLEY AERO, INC., Plaintiffs, v. CITY OF CLOVIS; ABBY SPENCER, SGT. McFADDEN; POLICE CHIEF JIM ZULIM in Their Individual and Official Capacities; and DOES 1-75, Inclusive, Defendants.

WEAKLEY & ARENDT, LLP James D. Weakley Valerie J. Velasco Attorneys for Defendants THE LAW OFFICE OF JACOB M. WEISBERG Jacob M. Weisberg Attorney for Plaintiffs


James D. Weakley, Esq. Bar No. 082853

Valerie J. Velasco, Esq. Bar No. 267141

WEAKLEY & ARENDT, LLP

Attorneys for Defendant, CITY OF CLOVIS, OFFICE ABBY SPENCER,

CHIEF JIM ZULIM and SGT. MCFADDEN

STIPULATED DISMISSAL AND ORDER


Complaint Filed: 02/05/09

Trial Date: Off Calendar

PURSUANT TO Rule 41(a) of the Federal Rules of Civil Procedure, plaintiffs CHESTER S. GARBER (deceased), BETTY C. TING, EMILIA C. TING, M.D., EMILIA C. TING, M.D., INC., GARBER T. SERVICES CO., INC., and GOLDEN VALLEY AERO, INC., and defendants CITY OF CLOVIS, ABBY SPENCER, SGT. McFADDEN, and POLICE CHIEF JIM ZULIM, through their attorneys of record, hereby jointly request and stipulate to dismissal of the entire action as set forth below:

Plaintiffs CHESTER S. GARBER (deceased), BETTY C. TING, EMILIA C. TING, M.D., EMILIA C. TING, M.D., INC., GARBER T. SERVICES CO., INC., and GOLDEN VALLEY AERO, INC., dismiss with prejudice the entire lawsuit filed against the CITY OF CLOVIS, ABBY SPENCER, and POLICE CHIEF JIM ZULIM, each party to bear their own costs and attorneys' fees.

Plaintiffs CHESTER S. GARBER (deceased), BETTY C. TING, EMILIA C. TING, M.D., EMILIA C. TING, M.D., INC., GARBER T. SERVICES CO., INC., and GOLDEN VALLEY AERO, INC., dismiss without prejudice the entire lawsuit against SGT. MATT McFADDEN, each party to bear their own costs and attorneys' fees. By dismissing without prejudice, the plaintiffs would only be able to raise any claims set out in the complaint on file in this matter in a defensive manner. Plaintiffs can only file a cross-complaint against SGT. McFADDEN alleging claims set out in the complaint on file only if a complaint is filed against them by SGT. McFADDEN. If SGT. McFADDEN does not file a complaint against plaintiffs, the plaintiffs cannot ever file an affirmative action against him based on the allegations contained in the complaint on file in this matter.

IT IS SO STIPULATED.

WEAKLEY & ARENDT, LLP

By: _____________

James D. Weakley

Valerie J. Velasco

Attorneys for Defendants

THE LAW OFFICE OF JACOB M. WEISBERG

By: _____________

Jacob M. Weisberg

Attorney for Plaintiffs

ORDER

IT IS SO ORDERED.

______________________________

CHIEF UNITED STATES DISTRICT JUDGE


Summaries of

Garber v. City of Clovis

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Jul 2, 2012
CASE NO. 1:09-CV-00242-AWI-SMS (E.D. Cal. Jul. 2, 2012)
Case details for

Garber v. City of Clovis

Case Details

Full title:CHESTER S. GARBER, BETTY C. TING, EMILIA C. TING, M.D., EMILIA C. TING…

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Jul 2, 2012

Citations

CASE NO. 1:09-CV-00242-AWI-SMS (E.D. Cal. Jul. 2, 2012)