UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
January 11, 2010
FABIAN VIVERO, AN INDIVIDUAL, PLAINTIFF,
CITY OF MERCED POLICE DEPARTMENT, CITY OF MERCED POLICE OFFICER JOSEPH HENDERSON, CITY OF MERCED POLICE SERGEANT, CURT GORMAN, DOES 1 THROUGH 50, DEFENDANTS.
The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
STIPULATION TO DISMISSAL OF COMPLAINT WITH PREJUDICE AND ORDER
IT IS HEREBY STIPULATED between the parties in the above-captioned action, plaintiff to dismiss the complaint with prejudice against the CITY OF MERCED POLICE DEPARTMENT and OFFICER JOSEPH HENDERSON. Defendants agree to bear their own attorney fees and costs.
Dated: January 8, 2010.
LOW, BALL & LYNCH DALE L. ALLEN DIRK D. LARSEN Attorneys for Defendant CITY OF MERCED POLICE DEPARTMENT, OFFICER JOSEPH HENDERSON
(STIPULATION TO DISMISSAL OF COMPLAINT (Con't)
Date: January 8, 2010.
LAW OFFICE OF JOHN GARCIA JOHN GARCIA Attorney for Plaintiff FABIAN VIVERO
Pursuant to the stipulation of the parties herein, it is HEREBY ORDERED:
1. That plaintiff FABIAN VIVERO'S complaint is hereby DISMISSED WITH PREJUDICE as to defendants CITY OF MERCED POLICE DEPARTMENT and OFFICER JOSEPH HENDERSON;
2. As defendant CURT GORMAN was dismissed from this action pursuant to the parties' prior stipulation and the Court's October 28, 2009 Order denying defendants' motion for summary judgment, this entire action is hereby DISMISSED WITH PREJUDICE.
3. The trial is vacated.
IT IS SO ORDERED.
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