Filed: Dec. 08, 2016
Latest Update: Dec. 08, 2016
Summary: STIPULATION TO DISMISS PARTIAL FIRST CAUSE OF ACTION, ENTIRE SIXTH CAUSE OF ACTION, ENTIRE SEVENTH CAUSE OF ACTION, ENTIRE EIGHTH CAUSE OF ACTION AND ENTIRE TWELFTH CAUSE OF ACTION SET FORTH IN PLAINTIFF'S FIRST AMENDED COMPLAINT [DKT. NO. 10]; PROPOSED ORDER THEREON (Doc. 42) JENNIFER L. THURSTON , Magistrate Judge . Plaintiff KENT WILLIAMS and Defendants CITY OF BAKERSFIELD, OFFICER VERION COLEMAN and OFFICER ANTHONY McCARTHY, by and through their attorneys of record herein, hereby
Summary: STIPULATION TO DISMISS PARTIAL FIRST CAUSE OF ACTION, ENTIRE SIXTH CAUSE OF ACTION, ENTIRE SEVENTH CAUSE OF ACTION, ENTIRE EIGHTH CAUSE OF ACTION AND ENTIRE TWELFTH CAUSE OF ACTION SET FORTH IN PLAINTIFF'S FIRST AMENDED COMPLAINT [DKT. NO. 10]; PROPOSED ORDER THEREON (Doc. 42) JENNIFER L. THURSTON , Magistrate Judge . Plaintiff KENT WILLIAMS and Defendants CITY OF BAKERSFIELD, OFFICER VERION COLEMAN and OFFICER ANTHONY McCARTHY, by and through their attorneys of record herein, hereby ..
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STIPULATION TO DISMISS PARTIAL FIRST CAUSE OF ACTION, ENTIRE SIXTH CAUSE OF ACTION, ENTIRE SEVENTH CAUSE OF ACTION, ENTIRE EIGHTH CAUSE OF ACTION AND ENTIRE TWELFTH CAUSE OF ACTION SET FORTH IN PLAINTIFF'S FIRST AMENDED COMPLAINT [DKT. NO. 10]; PROPOSED ORDER THEREON
(Doc. 42)
JENNIFER L. THURSTON, Magistrate Judge.
Plaintiff KENT WILLIAMS and Defendants CITY OF BAKERSFIELD, OFFICER VERION COLEMAN and OFFICER ANTHONY McCARTHY, by and through their attorneys of record herein, hereby stipulate and agree that:
1. The part of Plaintiff's First Cause of Action for Excessive Use of Force in Violation of the Fourth Amendment Pursuant to 42 U.S.C. Sections 1983, 1988 should be dismissed with prejudice as to all Defendants;
2. The Plaintiff's entire Sixth Cause of Action for Violation of the Bane Civil Rights Act, California Civil Code Section 52.1 should be dismissed with prejudice as to all Defendants;
3. The Plaintiff's entire Seventh Cause of Action for Assault Under California Law should be dismissed with prejudice as to all Defendants;
4. The Plaintiff's entire Eighth Cause of Action for Battery Under California Law should be dismissed with prejudice as to all Defendants; and
5. The Plaintiff's entire Twelfth Cause of Action for Intentional Infliction of Emotional Distress Under California Law should be dismissed with prejudice as to all Defendants.
IT IS SO STIPULATED.
ORDER
Pursuant the stipulation of the parties hereto, the Court ORDERS:
1. The part of Plaintiff's First Cause of Action for Excessive Use of Force in Violation of the Fourth Amendment Pursuant to 42 U.S.C. Sections 1983, 1988 is dismissed with prejudice as to all Defendants;
2. The Plaintiff's entire Sixth Cause of Action for Violation of the Bane Civil Rights Act, California Civil Code Section 52.1 is dismissed with prejudice as to all Defendants;
3. The Plaintiff's entire Seventh Cause of Action for Assault Under California Law is dismissed with prejudice as to all Defendants;
4. The Plaintiff's entire Eighth Cause of Action for Battery Under California Law is dismissed with prejudice as to all Defendants; and
5. The Plaintiff's entire Twelfth Cause of Action for Intentional Infliction of Emotional Distress Under California Law is dismissed with prejudice as to all Defendants.
IT IS SO ORDERED.
