Opinion
2:19-cv-02343-TLN-AC
06-24-2021
FRANCISCO HURTADO, AN INDIVIDUAL, Plaintiff, v. STATE OF CALIFORNIA; CALIFORNIA HIGHWAY PATROL; EDGARDO YEPEZ AKA EDGARDO LOPEZ; AND DOES 1 THROUGH 100, INCLUSIVE, Defendants.
GUIZAR, HENDERSON & CARRASCO, L.L.P. Kent M. Henderson Attorneys for Plaintiff Rob Bonta Attorney General of California Peter A. Meshot Supervising Deputy Attorney General LeeAnn E. Whitmore Deputy Attorney General Attorneys for Defendants State of California, by and through the California Highway Patrol and Edgardo Yepez
GUIZAR, HENDERSON & CARRASCO, L.L.P. Kent M. Henderson Attorneys for Plaintiff
Rob Bonta Attorney General of California
Peter A. Meshot Supervising Deputy Attorney General
LeeAnn E. Whitmore Deputy Attorney General Attorneys for Defendants State of California, by and through the California Highway Patrol and Edgardo Yepez
JOINT STIPULATION AND ORDER DISMISSING CERTAIN CLAIMS FOR RELIEF WITH PREJUDICE OF FRANCISCO HURTADO
TROY L. NUNLEY, UNITED STATES DISTRICT JUDGE
Rob Bonta, State Bar No. 202668 Attorney General of California Peter A. Meshot, State Bar No. 117061 Supervising Deputy Attorney General LeeAnn E. Whitmore, State Bar No. 214870 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 210-7515 Fax: (916) 322-8288 E-mail: LeeAnn.Whitmore@doj.ca.gov Attorneys for Defendants State of California, by and through the California Highway Patrol and Edgardo Yepez
The parties by and through their respective counsel, hereby stipulate under Federal Rule of Civil Procedure Rule 41(a)(1)(A)(ii) to dismiss with prejudice 1. That portion of Plaintiff FRANCISCO HURTADO's claim in the First Claim for Relief (violation of 42 U.S.C. Section 1983) that relates to "denial of medical care", paragraph 32 at page 10, lines 6-10 only; 2. That portion of the Fourth Claim for Relief for Negligence that relates to "denial of medical care", paragraph 50 sub-paragraph (e) at page 15, lines 9-10 only; and 3. The entirety of Plaintiff's Fifth Claim for Relief for violation of California Civil Code Section 52.1.
It is specifically understood agreed by Plaintiff and Defendants, by and through their respective counsel of record, that Plaintiff is not dismissing and continues to maintain the following Claims for Relief on file herein: 1. Plaintiff's First Claim for Relief (violation of 42 U.S.C. Section 1983) for Unreasonable / Excessive Force; 2. Plaintiff's Second Claim for Relief (violation of 42 U.S.C. Section 1983) for Substantive Due Process Violation; 3. Plaintiff's Third Claim for Relief for Battery; and 4. Plaintiff's Fourth Claim for Relief for Negligence.
ORDER
Pursuant to the stipulation of the parties, IT IS ORDERED THAT the following allegations are dismissed with prejudice:
1. That portion of Plaintiff FRANCISCO HURTADO's claim in the First Claim for Relief (violation of 42 U.S.C. Section 1983) that relates to "denial of medical care", paragraph 32 at page 10, lines 6-10 only;
2. That portion of the Fourth Claim for Relief for Negligence that relates to "denial of medical care", paragraph 50 sub-paragraph (e) at page 15, lines 9-10 only; and
3. The entirety of Plaintiff s Fifth Claim for Relief for violation of California Civil Code Section 52.1.