IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA (FRESNO)
June 17, 2009
JOHN GARCIA, PLAINTIFF,
CITY OF MERCED, CITY OF MERCED POLICE DEPARTMENT, BUREAU OF NARCOTICS ENFORCEMENT SPECIAL AGENT SUPERVISOR ALFREDO CARDWOOD, COUNTY OF MERCED, MERCED COUNTY SHERIFF'S DEPARTMENT, MERCED COUNTY DEPUTY SHERIFF JOHN TAYLOR, MERCED COUNTY DISTRICT ATTORNEY'S OFFICE, DISTRICT ATTORNEY GORDON SPENCER DOES 6 THROUGH 50, DEFENDANTS.
The opinion of the court was delivered by: Oliver W. Wanger United States District Judge
STIPULATION OF DISMISSAL WITH PREJUDICE AND ORDER
JOHN GARCIA ("Plaintiff"), CITY OF MERCED and CITY OF MERCED POLICE DEPARTMENT ("Defendants") by and through their respective counsel, hereby stipulate as follows:
1. That the CITY OF MERCED and the CITY OF MERCED POLICE DEPARTMENT in the above-captioned action be dismissed with prejudice, each party to bear their own costs and attorney's fees;
2. That defendants CITY OF MERCED, and CITY OF MERCED POLICE DEPARTMENT waive any and all costs incurred in this action, said waiver not to be construed as an admission that plaintiff JOHN GARCIA is the prevailing party entitled to recover any costs or attorney's fees, including but not limited to any such costs or fees pursuant to 42 U.S.C. § 1988.
Accordingly, the parties jointly request that the Court dismiss this action with prejudice.
Dated: June _____, 2009.
LOW, BALL & LYNCH
DALE L. ALLEN, JR.
DIRK D. LARSEN Attorneys for Defendants CITY OF MERCED and CITY OF MERCED POLICE DEPARTMENT
Dated: June _____, 2009
LAW OFFICE OF NORMAN NEWHOUSE
NORMAN C. NEWHOUSE Attorney for Plaintiff JOHN GARCIA
ORDER OF DISMISSAL WITH PREJUDICE
Having considered the parties' Stipulation of Dismissal with Prejudice and for good cause appearing, it is hereby ORDERED:
1. The City of Merced and the City of Merced Police Department are dismissed with prejudice with each party to bear their own attorney fees and costs from the matter captioned above, Case No. 1:07-CV867 OWW.
IT IS SO ORDERED.
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