STIPULATION TO DISMISS FIRST CAUSE OF ACTION (MONELL CLAIM) AGAINST THE CITY OF BAKERSIFELD; SECOND CAUSE OF ACTION FOR VIOLATION OF THE REHABILITATION ACT OF 1973 AGAINST RYAN MILLER; THIRD CAUSE OF ACTION FOR VIOLATION OF TITLE II OF THE AMERICANS WITH DISABILITIES ACT OF 1990 AGAINST RYAN MILLER; FOURTH CAUSE OF ACTION FOR VIOLATION OF THE BANE CIVIL RIGHTS ACT, CALIFORNIA CIVIL CODE SECTION 52.1; AND SIXTH CAUSE OF ACTION FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS UNDER CALIFORNIA LAW AGAINST ALL DEFENDANTS; [PROPOSED] ORDER THEREON (Doc. 34)

JENNIFER L. THURSTON, Magistrate Judge

Plaintiff JESSE TREVINO and Defendants CITY OF BAKERSFIELD and RYAN MILLER, by and through their attorneys of record herein, hereby stipulate and agree that:

1. The Plaintiff's First Cause of Action for violation of Plaintiff's rights secured by the Fourth Amendment to the United States Constitution to be secure in his home and residence, and to be free from the use of excessive force and unlawful search and/or seizure, pursuant to 42 U.S.C. Sections 1983, 1988 (Monell Claim) should be dismissed with prejudice as to Defendant City of Bakersfield;

2. The Plaintiff's Second Cause of Action for violation of the Rehabilitation Act of 1973, 29 U.S.C. Section 701 et seq. should be dismissed with prejudice as to Defendant Ryan Miller;

3. The Plaintiff's Third Cause of Action for violation of Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. Section 12131 et seq. should be dismissed with prejudice as to Defendant Ryan Miller;

4. The Plaintiff's Fourth Cause of Action for violation of the Bane Civil Rights Act, California Civil Code Section 52.1 under California law should be dismissed with prejudice as to All Defendants; and

5. The Plaintiff's Sixth Cause of Action for intentional infliction of emotion distress under California law should be dismissed with prejudice as to All Defendants.

IT IS SO STIPULATED.

ORDER

Pursuant the stipulation of the parties hereto, the Court ORDERS:

1. The Plaintiff's First Cause of Action DISMISSED with PREJUDICE as to Defendant City of Bakersfield;

2. The Plaintiff's Second Cause of is DISMISSED with PREJUDICE as to Defendant Ryan Miller;

3. The Plaintiff's Third Cause of Action DISMISSED with PREJUDICE as to Defendant Ryan Miller;

4. The Plaintiff's Fourth Cause of Action DISMISSED with PREJUDICE as to All Defendants; and

5. The Plaintiff's Sixth Cause of Action DISMISSED with PREJUDICE as to All Defendants.

IT IS SO ORDERED.