United States District Court, N.D. California, San Jose Division
November 28, 2005.
Waco Investments, LLC, and John Hartford, individually and on behalf of all similarly situated persons subject to administrative proceedings brought pursuant to Santa Cruz County Code §§ 1.12.070 and 19.01.080, Plaintiffs and Petitioners,
County of Santa Cruz, and Does 1-20, Defendants and Respondents.
The opinion of the court was delivered by: JEREMY FOGEL, District Judge
STIPULATION OF DISMISSAL OF FEDERAL CAUSE OF ACTION AND REMAND TO
STATE COURT; ORDER [F.R.Civ.P. 41(a)(1)]
IT IS HEREBY STIPULATED by and between the parties to this
action, through their designated counsel, that plaintiffs' fourth
cause of action for civil rights violations pursuant to 42 U.S.C. § 1983, which is plaintiffs' sole federal cause of action, be
dismissed from this action. The fourth cause of action for civil
rights violations is hereby dismissed with prejudice. The
dismissal of the fourth cause of action with prejudice shall not
affect, impair and/or diminish plaintiffs' remaining claims or
causes of action or act as res judicata and/or collateral
estoppel as to plaintiffs' remaining claims or causes of action.
The parties, through their respective counsel, also stipulate
that based on the dismissal of the sole federal cause of action,
this entire action can be remanded back to the Santa Cruz County
Superior Court for all further proceedings.
Based on the foregoing stipulated dismissal, it is hereby
ordered that the forth cause of action for federal civil rights
violations pursuant to 42 U.S.C. § 1983 is dismissed by
Plaintiffs with prejudice. It is also ordered that this action is
remanded back to the Santa Cruz County Superior Court for all
further proceedings since no remaining issues of federal question
exist in this case.
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