Filed: Mar. 17, 2018
Latest Update: Mar. 17, 2018
Summary: STIPULATION AND ORDER DISMISSING CERTAIN CLAIMS AND PARTIES MORRISON C. ENGLAND, JR. , District Judge . Plaintiff Rick Selfa and Defendants United States of America, Heidi Rieck, and Charles Brooks (collectively, "Federal Defendants"), by and through their counsel, hereby stipulate to the following: 1. Plaintiff dismisses with prejudice all constitutional claims against all Defendants, the battery claim against all Defendants, the conversion claim against all Defendants, the California Civ
Summary: STIPULATION AND ORDER DISMISSING CERTAIN CLAIMS AND PARTIES MORRISON C. ENGLAND, JR. , District Judge . Plaintiff Rick Selfa and Defendants United States of America, Heidi Rieck, and Charles Brooks (collectively, "Federal Defendants"), by and through their counsel, hereby stipulate to the following: 1. Plaintiff dismisses with prejudice all constitutional claims against all Defendants, the battery claim against all Defendants, the conversion claim against all Defendants, the California Civi..
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STIPULATION AND ORDER DISMISSING CERTAIN CLAIMS AND PARTIES
MORRISON C. ENGLAND, JR., District Judge.
Plaintiff Rick Selfa and Defendants United States of America, Heidi Rieck, and Charles Brooks (collectively, "Federal Defendants"), by and through their counsel, hereby stipulate to the following:
1. Plaintiff dismisses with prejudice all constitutional claims against all Defendants, the battery claim against all Defendants, the conversion claim against all Defendants, the California Civil Code § 52.1 claim against all Defendants, and the California Civil Code § 51.7 claim against all Defendants arising out of the January 2015 incident at issue in this lawsuit. See Compl.
2. Plaintiff dismisses with prejudice all claims against Defendants Rieck and Brooks arising out of the January 2015 incident at issue in this lawsuit. See Compl. Defendants Rieck and Brooks should therefore be dismissed with prejudice.
3. The only claims that remain in this lawsuit are the following:
a. Assault under the Federal Tort Claims Act ("FTCA") against the United States only.
b. False imprisonment/arrest under the FTCA against the United States only.
c. Negligence under the FTCA against the United States only.
See Compl. All other claims are dismissed with prejudice.
4. Plaintiff withdraws his request for attorney's fees and punitive damages from the United States for the remaining claims. See Compl., Prayer for Relief ¶¶ 3, 4.
5. Each party shall bear his or her own fees, costs, and expenses as to the dismissed claims and parties.
ORDER
In accordance with the foregoing stipulation of counsel, and good cause appearing, the Court orders as follow:
1. All constitutional claims against all Defendants, the battery claim against all Defendants, the conversion claim against all Defendants, the California Civil Code § 52.1 claim against all Defendants, and the California Civil Code § 51.7 claim against all Defendants arising out of the January 2015 incident at issue in this lawsuit are dismissed with prejudice. See Compl.
2. All claims against Defendants Heidi Rieck and Charles Brooks arising out of the January 2015 incident at issue in this lawsuit are dismissed with prejudice. See Compl. Therefore, Defendants Rieck and Brooks are dismissed with prejudice.
3. The only claims that remain in this lawsuit are the following:
a. Assault under the Federal Tort Claims Act ("FTCA") against the United States only.
b. False imprisonment/arrest under the FTCA against the United States only.
c. Negligence under the FTCA against the United States only.
See Compl. All other claims are dismissed with prejudice.
4. Plaintiff withdraws his request for attorney's fees and punitive damages from the United States for the remaining claims. See Compl., Prayer for Relief ¶¶ 3, 4.
5. Each party shall bear his or her own fees, costs, and expenses as to the dismissed claims and parties.
IT IS SO ORDERED.
