STIPULATION AND ORDER DISMISSING VISALIA POLICE DEPARTMENT WITHOUT PREJUDICE

LAWRENCE J. O'NEILL, District Judge.

The parties to this litigation by and through their respective attorneys of record have reached an agreement whereby named defendant, Visalia Police Department will be dismissed from this litigation at this time, without prejudice. The terms and conditions of this stipulation and proposed order are as follows.

I.

RECITALS

WHEREAS, Plaintiffs have named Visalia Police Department ("VPD") as a defendant in this case;

WHEREAS, City of Visalia and VPD Chief Colleen Mestas are represented by Leonard C. Herr ("HERR");

WHEREAS, HERR has represented to Plaintiffs' legal counsel that there is no separate legal entity known as VPD because VPD is simply a department of the City of Visalia, which is a charter city in the state of California;

WHEREAS, legal counsel for all parties want to avoid unnecessary litigation, without prejudicing the rights of any parties;

WHEREAS, legal counsel for all parties agree that any and all statutes of limitations and statutes of repose, which may be applicable to the VPD as of the date of this stipulation should be tolled so as to preserve those claims pursuant to this agreement; and

WHEREAS, parties to this litigation will effectuate substantial justice between the parties, without unnecessary litigation costs.

II.

STIPULATION

IT IS HEREBY STIPULATED to by and between the parties through their respective attorneys of record that named defendant, Visalia Police Department ("VPD") shall be dismissed from this litigation without prejudice; and

IT IS FURTHER STIPULATED by and between the parties to this litigation through their respective attorneys of record that all statutes of limitations, statutes of repose which may be applicable to the VPD as of the date of this stipulation are hereby tolled.

ORDER

Upon good cause being shown as set forth in the stipulation of legal counsel for the parties, the Court hereby adopts the stipulation.

IT IS SO ORDERED.