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Johnson v. City of Vallejo

United States District Court, Ninth Circuit, California, E.D. California
Mar 23, 2015
2:13-CV-01072-JAM-KJN, 2:13-CV-02060-JAM-KJN (E.D. Cal. Mar. 23, 2015)

Opinion

          CLAUDIA QUINTANA, City Attorney, KELLY J. TRUJILLO, Deputy City Attorney, CITY OF VALLEJO, Vallejo, CA.

          MARK A. JONES, KRISTEN K. PRESTON, JONES & DYER, Sacramento, CA, Attorneys for Defendants.

          Lawrence Goldberg, William Nagle, BOWLES & VERNA LLP, Attorneys for Plaintiffs.


          STIPULATION AND ORDER RE VOLUNTARY DISMISSAL WITH PREJUDICE OF "DOE" DEFENDANTS AND SECOND, TENTH AND TWELFTH CAUSES OF ACTION

          JOHN A. MENDEZ, District Judge.

         On October 4, 2013 plaintiffs filed a complaint and demand for trial by jury in this case, identifying as defendants "DOES 1-5". Plaintiff Mitchell also alleged causes of action against Defendants Dustin Joseph and Sean Kenney for "Wrongful Death/42 U.S.C. §1983" (second cause of action) and against Defendants City of Vallejo, Dustin Joseph and Sean Kenney for negligent infliction of emotional distress (tenth cause of action). Plaintiffs Mitchell and Johnson further alleged a cause of action for violation of Ca. Civil Code section 51.7 as against Defendants City of Vallejo, Dustin Joseph and Sean Kenney (twelfth cause of action).

         IT IS HEREBY stipulated and agreed by and between Plaintiffs CYNTHIA MITCHELL AND JOSEPH L. JOHNSON and Defendants CITY OF VALLEJO, JOSEPH M. KREINS, DUSTIN B. JOSEPH AND SEAN G. KENNEY by and through their undersigned counsel, that the "DOE" defendants identified in the complaint and the second, tenth and twelfth causes of action be dismissed with prejudice as to all defendants pursuant to Federal Rules of Civil Procedure 41(a)(2), each party to bear their own attorney's fees and costs.

          ORDER

         The Court, having considered the foregoing stipulation of the parties, and good cause appearing therefor, the Court hereby orders that all "DOE" defendants alleged in the complaint of Plaintiffs Cynthia Mitchell and Joseph Johnson be and hereby are dismissed.

         It is further ordered that the second, tenth and twelfth causes of action alleged in the complaint of Plaintiffs Mitchell and Johnson [Docket No. 2] be and hereby are dismissed with prejudice.

         The court further orders that, by stipulation, the Defendants herein are precluded from recovery of attorney's fees and costs of litigation as to the aforementioned causes of action on the basis of this Court's order of dismissal of these claims.


Summaries of

Johnson v. City of Vallejo

United States District Court, Ninth Circuit, California, E.D. California
Mar 23, 2015
2:13-CV-01072-JAM-KJN, 2:13-CV-02060-JAM-KJN (E.D. Cal. Mar. 23, 2015)
Case details for

Johnson v. City of Vallejo

Case Details

Full title:JOSEPH L. JOHNSON, an individual, CYNTHIA A. MITCHELL, an individual, and…

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Mar 23, 2015

Citations

2:13-CV-01072-JAM-KJN, 2:13-CV-02060-JAM-KJN (E.D. Cal. Mar. 23, 2015)