STIPULATION AND [PROPOSED] ORDER RE DISMISSAL OF SHERIFF DAVID LIVINGSTON AND DISMISSAL OF CERTAIN CLAIMS AS TO DEFENDANTS COUNTY OF CONTRA COSTA AND STEPHEN TANABE

EDWARD M. CHEN, District Judge.

The following Stipulation is entered between plaintiff Hasan Arda Aksu and defendants County of Contra Costa and Sheriff David Livingston by and through their attorneys of record.

1. Plaintiff dismisses his Fifth Cause of Action (Unconstitutional Hiring of Deputy Tanabe) and his Sixth Cause of Action (Unconstitutional Policy and Practice (Monell-Adickes)) without prejudice.

2. Plaintiff dismisses his Eleventh Cause of Action (Negligent Hiring of Deputy Tanabe) with prejudice.

3. Plaintiff has asserted a number of state law claims against defendant County of Contra Costa and its former employee, defendant Stephen Tanabe, specifically the Seventh through Tenth Causes of Action. Plaintiff dismisses with prejudice each of these state law claims as to defendants County of Contra Costa and Tanabe.

4. Plaintiff dismisses defendant Sheriff David Livingston without prejudice as a party from the above-entitled action.

5. In exchange for the dismissals in paragraphs 1, 2 and 4 above, defendant Sheriff David Livingston waives any costs or fees to date arising from this action.

6. In exchange for the dismissals in paragraphs 1, 2 and 3 above, defendant County of Contra Costa waives any costs or fees to date relating solely to the claims dismissed pursuant to this Stipulation.

ORDER

PURSUANT TO STIPULATION, IT IS ORDERED as follows:

1. Plaintiff's Fifth Cause of Action and his Sixth Cause of Action are dismissed without prejudice.

2. Plaintiff's Seventh through Tenth Causes of Action are dismissed with prejudice as to defendants County of Contra Costa and Tanabe.

3. Plaintiff's Eleventh Cause of Action is dismissed with prejudice.

4. Sheriff David Livingston is dismissed without prejudice as a party to this action.