STIPULATION AND [PROPOSED] ORDER TO DISMISS CERTAIN CLAIMS Trial

WILLIAM B. SHUBB, District Judge.

IT IS HEREBY STIPULATED AND AGREED by and between the parties to this action, through their respective counsel of record, and approved by the Court in the accompanying Order, that pursuant to Federal Rule of Civil Procedure 41(a)(1), the parties agree as follows:

1. Plaintiffs agree to the dismissal, with prejudice, of their due process claims under the Fifth Amendment in Plaintiffs' First Cause of Action in Plaintiffs' Complaint, filed on April 7, 2006.

2. Plaintiffs agree to the dismissal, with prejudice, of their excessive force claims under the Fifth and Fourteenth Amendments in Plaintiffs' First Cause of Action in Plaintiffs' Complaint, filed on April 7, 2006.

3. Plaintiffs agree to the dismissal, with prejudice, of their alleged claims for violation of privacy under the Ninth Amendment in Plaintiffs' First Cause of Action in Plaintiffs' Complaint, filed on April 7, 2006.

4. Plaintiffs agree to the dismissal, with prejudice, of their Equal Protection claim under the Fourteenth Amendment in Plaintiffs' First Cause of Action in Plaintiffs' Complaint, filed on April 7, 2006.

5. Plaintiffs agree to the dismissal, with prejudice, of their state claim for negligent infliction of emotional distress in Plaintiffs' Sixth Cause of Action in Plaintiffs' Complaint, filed on April 7, 2006.

6. The parties agree that each party to bear their own fees and costs in relation to these dismissed claims and parties.

Respectfully submitted,

ORDER

PURSUANT TO THE FOREGOING STIPULATION, THE COURT ORDERS AS FOLLOWS:

1. Plaintiffs' due process claims under the Fifth Amendment in Plaintiffs' First Cause of Action in Plaintiffs' Complaint, filed on April 7, 2006, are hereby DISMISSED WITH PREJUDICE.

2. Plaintiffs' excessive force claims under the Fifth and Fourteenth Amendments in Plaintiffs' First Cause of Action in Plaintiffs' Complaint, filed on April 7, 2006, are hereby DISMISSED WITH PREJUDICE.

3. Plaintiffs' claims for violation of privacy under the Ninth Amendment in Plaintiffs' First Cause of Action in Plaintiffs' Complaint, filed on April 7, 2006, are hereby DISMISSED WITH PREJUDICE.

4. Plaintiffs' claims for violation of Equal Protection under the Fourteenth Amendment in Plaintiffs' First Cause of Action in Plaintiffs' Complaint, filed on April 7, 2006, are hereby DISMISSED WITH PREJUDICE.

5. Plaintiffs' claims for negligent infliction of emotional distress in Plaintiffs' Sixth Cause of Action in Plaintiffs' Complaint, filed on April 7, 2006, are hereby DISMISSED WITH PREJUDICE.

6. Each party bears their own fees and costs in relation to these dismissed claims.

IT IS SO ORDERED.