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Molina v. City of Visalia

United States District Court, Ninth Circuit, California, E.D. California
Dec 20, 2013
1:13-cv-01991-LJO-SAB (E.D. Cal. Dec. 20, 2013)

Opinion

          Leonard C. Herr, #081896, DOOLEY, HERR, PEDERSEN & BERGLUND BAILEY Attorneys at Law, LLP, Visalia, California, Attorneys for Defendants, CITY OF VISALIA, VISALIA POLICE DEPARTMENT, and CHIEF OF POLICE COLLEEN MESTAS.

          LAW OFFICE OF PETER I. BERSIN, PETER I. BERSIN, Attorney for Plaintiff, REYNALDA MOLINA

          LAW OFFICES OF CHARLES P. CHARLTON, CHARLES P. CHARLTON, Attorney for Plaintiffs, JACQUELINE MENDEZ-MADEUÑA, G.M., a minor, J.M., a minor and N.A.C., a minor

          CHEONG DENOVE ROWELL BENNETT & KARNS, JOHN F. DENOVE, Attorney for Plaintiff, NICHOLAS CHAVEZ.


          STIPULATION AND ORDER DISMISSING VISALIA POLICE DEPARTMENT WITHOUT PREJUDICE

          LAWRENCE J. O'NEILL, District Judge.

         The parties to this litigation by and through their respective attorneys of record have reached an agreement whereby named defendant, Visalia Police Department will be dismissed from this litigation at this time, without prejudice. The terms and conditions of this stipulation and proposed order are as follows.

         I.

         RECITALS

         WHEREAS, Plaintiffs have named Visalia Police Department ("VPD") as a defendant in this case;

         WHEREAS, City of Visalia and VPD Chief Colleen Mestas are represented by Leonard C. Herr ("HERR");

         WHEREAS, HERR has represented to Plaintiffs' legal counsel that there is no separate legal entity known as VPD because VPD is simply a department of the City of Visalia, which is a charter city in the state of California;

         WHEREAS, legal counsel for all parties want to avoid unnecessary litigation, without prejudicing the rights of any parties;

         WHEREAS, legal counsel for all parties agree that any and all statutes of limitations and statutes of repose, which may be applicable to the VPD as of the date of this stipulation should be tolled so as to preserve those claims pursuant to this agreement; and

         WHEREAS, parties to this litigation will effectuate substantial justice between the parties, without unnecessary litigation costs.

         II.

         STIPULATION

         IT IS HEREBY STIPULATED to by and between the parties through their respective attorneys of record that named defendant, Visalia Police Department ("VPD") shall be dismissed from this litigation without prejudice; and

         IT IS FURTHER STIPULATED by and between the parties to this litigation through their respective attorneys of record that all statutes of limitations, statutes of repose which may be applicable to the VPD as of the date of this stipulation are hereby tolled.

          ORDER

         Upon good cause being shown as set forth in the stipulation of legal counsel for the parties, the Court hereby adopts the stipulation.

         IT IS SO ORDERED.


Summaries of

Molina v. City of Visalia

United States District Court, Ninth Circuit, California, E.D. California
Dec 20, 2013
1:13-cv-01991-LJO-SAB (E.D. Cal. Dec. 20, 2013)
Case details for

Molina v. City of Visalia

Case Details

Full title:REYNALDA MOLINA, individually; JACQUELINE MENDEZ-MADUEÑA, individually…

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

Date published: Dec 20, 2013

Citations

1:13-cv-01991-LJO-SAB (E.D. Cal. Dec. 20, 2013)