Filed: Oct. 28, 2019
Latest Update: Oct. 28, 2019
Summary: STIPULATION DISMISSING CERTAIN CLAIMS WITH PREJUDICE; [ PROPOSED ] ORDER THEREON (Doc. 50) JENNIFER L. THURSTON , Magistrate Judge . IT IS HEREBY STIPULATED, by and between the parties hereto, by and through their respective counsel of record, that the following claims be dismissed in their entirety, with prejudice: STIPULATION The parties have met and conferred multiple times regarding their respective contemplated dispositive motions in this matter. They have arrived at the follo
Summary: STIPULATION DISMISSING CERTAIN CLAIMS WITH PREJUDICE; [ PROPOSED ] ORDER THEREON (Doc. 50) JENNIFER L. THURSTON , Magistrate Judge . IT IS HEREBY STIPULATED, by and between the parties hereto, by and through their respective counsel of record, that the following claims be dismissed in their entirety, with prejudice: STIPULATION The parties have met and conferred multiple times regarding their respective contemplated dispositive motions in this matter. They have arrived at the follow..
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STIPULATION DISMISSING CERTAIN CLAIMS WITH PREJUDICE; [ PROPOSED ] ORDER THEREON (Doc. 50)
JENNIFER L. THURSTON, Magistrate Judge.
IT IS HEREBY STIPULATED, by and between the parties hereto, by and through their respective counsel of record, that the following claims be dismissed in their entirety, with prejudice:
STIPULATION
The parties have met and conferred multiple times regarding their respective contemplated dispositive motions in this matter. They have arrived at the following stipulation and proposed order, with which they propose to compromise with respect to a number of issues raised. Specifically, the parties stipulate that (and request that the Court enter an order confirming that):
1. Plaintiff agrees to dismiss his Third Claim for Municipal Liability — Ratification (42 U.S.C. § 1983).
2. Plaintiff agrees to dismiss his Fourth Claim for Municipal Liability — Inadequate Training (42 U.S.C. § 1983).
3. Plaintiff agrees to dismiss his Fifth Claim for Municipal Liability — Unconstitutional Custom, Practice or Policy (42 U.S.C. § 1983).
4. In return, Defendants agree to forego filing a motion for summary judgment and waive all costs associated with the above claims.
5. There is good cause to approve this Stipulation because it will streamline the issues to be tried and reduce the time and expense associated with dispositive motions.
6. The parties jointly request that the Court enter an order consistent with this Stipulation. Dated: October 28, 2019 MARDEROSIAN & COHEN
Dated: October 28, 2019. MARDEROSIAN & COHEN
/s/Michael G. Marderosian
By:______________________________
Michael G. Marderosian,
Attorneys for Defendants
Dated: October 28, 2019 LAW OFFICES OF DALE K. GALIPO
/s/Dale K. Galipo
By:______________________________
Dale K. Galipo,
Attorneys for Plaintiff
Dated: October 28, 2019 CHAIN COHN STILES
/s/David K. Cohn
By:______________________________
David K. Cohn,
Attorneys for Plaintiff
PROPOSED ORDER
Before the Court is a Stipulation among the parties with which they propose to resolve certain issues arising with respect to contemplated dispositive motions by means of a compromise. Good cause appearing, the Court adopts the parties' Stipulation and orders that:
1. The following claims for relief in the Plaintiffs' Complaint are DISMISSED WITH PREJUDICE with each side to bear its own fees and costs as to those claims: (a) Third Claim for Municipal Liability — Ratification (42 U.S.C. § 1983); (b) Fourth Claim for Municipal Liability — Inadequate Training (42 U.S.C. § 1983); and (c) Fifth Claim for Municipal Liability — Unconstitutional Custom, Practice or Policy (42 U.S.C. § 1983).
2. Defendants will forego filing a motion for summary judgment as to the remaining causes of action.
IT IS SO ORDERED.
