Elawyers Elawyers
Ohio| Change

MANTE v. SLOUGH, 5:14-cv-02567-VAP-DTB. (2016)

Court: District Court, C.D. California Number: infdco20160107571 Visitors: 14
Filed: Jan. 06, 2016
Latest Update: Jan. 06, 2016
Summary: STIPULATION AND [PROPOSED] ORDER DISMISSING PLAINTIFF'S COMPLAINT WITH PREJUDICE VIRGINIA A. PHILLIPS , District Judge . Plaintiff Mark Mante ("Mante") and Defendant Marsha G. Slough, sued in her official capacity as presiding judge of the Superior Court of California, County of San Bernardino (the "Superior Court") (collectively, Mante and the Superior Court are referred to as the "Parties"), enter into this stipulation dismissing Mante's complaint based upon the following recitals. 1.
More

STIPULATION AND [PROPOSED] ORDER DISMISSING PLAINTIFF'S COMPLAINT WITH PREJUDICE

Plaintiff Mark Mante ("Mante") and Defendant Marsha G. Slough, sued in her official capacity as presiding judge of the Superior Court of California, County of San Bernardino (the "Superior Court") (collectively, Mante and the Superior Court are referred to as the "Parties"), enter into this stipulation dismissing Mante's complaint based upon the following recitals.

1. On December 16, 2014, Mante filed his Complaint in this Court alleging that certain provisions in the Superior Court's November 19, 2012 General Order regarding Court Access ("November 19, 2012 General Order") are unconstitutional. ECF No. 1.

2. On March 27, 2015, this Court entered an order granting in part and denying in part Mante's motion for preliminary injunction, holding that Part II(B) of the November 19, 2012 General Order was likely not unconstitutional, but that Part II(C) was likely unconstitutional.

3. On December 28, 2015, the Parties stipulated that Mante's Complaint could be dismissed pursuant to a settlement agreement.

NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE AS FOLLOWS:

1. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) and the terms of the Parties' December 28, 2015 Settlement and Release Agreement, this action hereby is dismissed with prejudice, with each party to bear fees and costs as set out in settlement agreement.

2. The United States District Court for the Central District of California will retain jurisdiction to enforce the terms of the Parties' settlement.

[PROPOSED] ORDER

Having considered the foregoing Stipulation, and good cause appearing therefor, the Court orders that the complaint on file in this action is hereby dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). This Court shall retain jurisdiction to enforce the terms of the parties' settlement agreement.

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer