Opinion
CREGGER & CHALFANT LLP, ROBERT L. CHALFANT, WENDY MOTOOKA, Sacramento, CA, Attorneys for Defendants COUNTY OF SISKIYOU; JON LOPEY, Sheriff of Siskiyou County; SERGEANT BEHR THARSING.
MICHAEL A. SCHEIBLI, Redding, CA, Attorneys for Plaintiffs DARRELL GRIPP, LAURIE ANN GRIPP, ELIJAH GRIPP.
STIPULATION TO DISMISS THE COUNTY OF SISKIYOU AND JON LOPEY FROM ALL CLAIMS ALLEGED IN THE FIRST AMENDED COMPLAINT, AND TO CONTINUE THE HEARING DATE FOR DEFANDANTS' MOTION TO DISMISS: ORDER THEREON
CRAIG M. KELLISON, Magistrate Judge.
WHEREAS plaintiffs DARRELL GRIPP, LAURIE ANN GRIPP, and ELIJAH GRIPP filed a First Amended Complaint ("FAC") in this action on January 21, 2014;
WHEREAS the FAC was filed with leave of Court, as stated in the Court's order filed on December 19, 2014 (Doc. No. 14);
WHEREAS the COUNTY OF SISKIYOU has moved to dismiss all causes of action alleged against it in the FAC;
WHEREAS JON LOPEY has moved to dismiss all causes of action alleged against him in the FAC;
WHEREAS SERGEANT BEHR THARSING has moved to dismiss all causes of action alleged against him in the FAC; and
WHEREAS the parties wish to avoid unnecessary motions practice;
THEREFORE the parties hereby stipulate, by and through their counsel of record, as follows:
1. That the COUNTY OF SISKIYOU shall be dismissed with prejudice from the FAC;
2. That Sheriff JON LOPEY shall be dismissed with prejudice from the FAC;
3. That the parties agree that the FAC does not allege any claims under state or federal law that challenge the arrest of plaintiff, pursuant to warrant, for violations of Penal Code Sections 29805, and 417(a)(2), that are the basis for his conviction in Siskiyou County Superior Court Case No. MCYKCRF130000030;
4. That Plaintiffs are only seeking damages and redress under federal and state law for acts occurring during DARRELL GRIPP's arrest for violating Penal Code Section 148 on January 27, 2013;
5. That the parties agree that the hearing date on Defendant's Motion to Dismiss, currently set for March 4, 2015 at 10:00 a.m. be continued to April 22, 2015 at 10:00 a.m.; and
6. That Plaintiff's opposition to said motion, if any, be filed by March 16, 2015, and that Defendants' reply, if any, be filed by April 1, 2015.
IT IS SO STIPULATED.
ORDER
After considering the Stipulation by and between the parties through their counsel of record, IT IS HEREBY ORDERED THAT:
1. That the COUNTY OF SISKIYOU shall be dismissed with prejudice from the FAC;
2. That JON LOPEY shall be dismissed with prejudice from the FAC;
3. That the parties agree that the FAC does not allege any claims under state or federal law that challenge the arrest of plaintiff, pursuant to warrant, for violations of Penal Code Sections 29805, and 417(a)(2), that are the basis for his conviction in Siskiyou County Superior Court Case No. MCYKCRF130000030;
4. That Plaintiffs are only seeking damages and redress under federal and state law for acts occurring during DARRELL GRIPP's arrest for violating Penal Code Section 148 on January 27, 2013;
5. That the parties agree that the hearing date on Defendant's Motion to Dismiss, currently set for March 4, 2015 at 10:00 a.m. be continued to April 22, 2015 at 10:00 a.m.; and
6. That Plaintiff's opposition to said motion, if any, be filed by March 16, 2015, and that Defendants' reply, if any, be filed by April 1, 2015.
IT IS SO ORDERED.