Estate of Levingston v. County of Kern, 1:16-cv-0188-DAD-JLT. (2017)
Court: District Court, E.D. California
Number: infdco20171108847
Visitors: 15
Filed: Nov. 06, 2017
Latest Update: Nov. 06, 2017
Summary: ORDER DISMISSING PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT PURSUANT TO STIPULATION (Doc. No. 56) DALE A. DROZD , District Judge . On November 2, 2017, the parties filed a stipulation for dismissal of portions of plaintiffs' first amended complaint presumably under Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (Doc. No. 56.) Therein the parties agreed to dismiss the following causes of action with respect to the following defendants: • 1 st Cause of Action, Wrongful Death — dismi
Summary: ORDER DISMISSING PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT PURSUANT TO STIPULATION (Doc. No. 56) DALE A. DROZD , District Judge . On November 2, 2017, the parties filed a stipulation for dismissal of portions of plaintiffs' first amended complaint presumably under Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (Doc. No. 56.) Therein the parties agreed to dismiss the following causes of action with respect to the following defendants: • 1 st Cause of Action, Wrongful Death — dismis..
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ORDER DISMISSING PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT PURSUANT TO STIPULATION
(Doc. No. 56)
DALE A. DROZD, District Judge.
On November 2, 2017, the parties filed a stipulation for dismissal of portions of plaintiffs' first amended complaint presumably under Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (Doc. No. 56.) Therein the parties agreed to dismiss the following causes of action with respect to the following defendants:
• 1st Cause of Action, Wrongful Death — dismissed as to Sheriff Donny Youngblood only;
• 2nd Cause of Action, Violations of Plaintiff's Rights under the Fourteenth Amendment, Deliberate Indifference to Serious Medical Needs — dismissed as to County of Kern only;
• 4th Cause of Action, Supervisor Liability for Violations of Plaintiff's Rights under the Fourteenth Amendment, Deliberate Indifference to Serious Medical Needs — dismissed as to the County of Kern and Sheriff Donny Youngblood;
• 5th Cause of Action, Racial Discrimination — dismissed as to all defendants;
• 6th Cause of Action, Municipal Liability for Racial Discrimination — dismissed as to all defendants;
• 7th Cause of Action, Supervisor Liability for Racial Discrimination — dismissed as to all defendants;
• 8th Cause of Action, Intentional Infliction of Emotional Distress — dismissed as to all defendants
(Id. at 3.)
In light of the foregoing, the parties agree that the following causes of action proceed against the remaining defendants:
• 1st Cause of Action, Wrongful Death by all plaintiffs against Defendants Hall Ambulance Service, Inc., Brenda Robinson, Deputy Manriquez, and the County of Kern
• 2nd Cause of Action, § 1983 Violations of Plaintiffs' Fourteenth Amendment Rights, Deliberate Indifference to Serious Medical Needs, Health and Safety against Deputy Manriquez;
• 3rd Cause of Action, § 1983 Municipal Liability for Violation of Plaintiffs' Fourteenth Amendment Rights, Deliberate Indifference to Serious Medical Needs, Health, and Safety against the County of Kern.
(Id. at 3-4.)
Accordingly, the court approves the parties' stipulation of dismissal as to the above-listed claims of the first amended complaint and the designated claims are hereby dismissed as to the specifically designated defendants. The Clerk of the Court is directed to terminate Sheriff Donny Youngblood as a defendant from this action since no claims remain against him.
IT IS SO ORDERED.
Source: Leagle
