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Estate of Levingston v. County of Kern, 1:16-CV-00188 DAD JLT. (2017)

Court: District Court, E.D. California Number: infdco20170130637 Visitors: 17
Filed: Jan. 27, 2017
Latest Update: Jan. 27, 2017
Summary: STIPULATION FOR DISMISSAL OF THE KERN COUNTY SHERIFF'S OFFICE JENNIFER L. THURSTON , Magistrate Judge . COME NOW THE PARTIES IN THIS MATTER: Plaintiffs, the Estate Of Donald Maliik Levingston, Traci Morales, individually and as successor in interest to the Estate Of Donald Maliik Levingston, Elijah Levingston by and through his Guardian Ad Litem Traci Morales and Elizabeth Levingston, by and through her Guardian Ad Litem Traci Morales (hereinafter collectively "Plaintiffs") are represente
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STIPULATION FOR DISMISSAL OF THE KERN COUNTY SHERIFF'S OFFICE

COME NOW THE PARTIES IN THIS MATTER:

Plaintiffs, the Estate Of Donald Maliik Levingston, Traci Morales, individually and as successor in interest to the Estate Of Donald Maliik Levingston, Elijah Levingston by and through his Guardian Ad Litem Traci Morales and Elizabeth Levingston, by and through her Guardian Ad Litem Traci Morales (hereinafter collectively "Plaintiffs") are represented by Michael J. Curls and Nichelle D. Jones of the Law Offices of Michael J. Curls.

Defendants, Hall Ambulance Service, Inc. and Brenda Robinson (hereinafter collectively "Hall Defendants") are represented by Deborah S. Tropp of McNeil, Tropp & Braun.

Defendants, County of Kern, Kern County Sheriff's Office, Sheriff Youngblood, and Deputy Manriquez, (hereinafter collectively "County Defendants") are represented by Andrew C. Thomson, of the Office of Kern County Counsel.

Plaintiffs, Hall Defendants and County Defendants are hereinafter collectively referred to as the "Parties" and provide as follows:

IT IS HEREBY UNDERSTOOD, by and between the Parties to this action through their designated counsel:

The Parties understand that the Kern County Sheriff's Office is a Department of, and integral to, the County of Kern.

The Parties are informed and believe that Defendant Kern County Sheriff's Office is not a proper Defendant in this litigation, and that its' liability, if any, is subsumed and completely incorporated within the liability umbrella of the County of Kern.

IT IS THEREFOR STIPULATED:

Based upon the foregoing, the Parties agree and stipulate, as follows:

The Parties agree and stipulate that Defendant Kern County Sheriff's Office be dismissed, with prejudice, from this litigation.

ORDER

Based upon the stipulation of the parties which relies upon Fed. R. Civ. P. 41(a), the Court DIRECTS the Clerk of the Court to close this matter as to the Kern County Sheriff's Office, only.

IT IS SO ORDERED.

Source:  Leagle

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