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WACO INVESTMENTS LLC v. COUNTY OF SANTA CRUZ

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,
v.
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.

  ORDER

  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.

20051128

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