Opinion
CASE NO. 1:09-CV-00242-AWI-SMS
07-02-2012
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