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Salerno v. County of Butte

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO


March 29, 2010

DENISE SALERNO, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF [FIRST AMENDED COMPLAINT FILED 8/26/08] ARTHUR ANTHONY SALERNO, JR. (DECEDENT), PLAINTIFFS,
v.
COUNTY OF BUTTE, CALIFORNIA; SHERIFF/CORONER PERRY L. RENIFF; SARGENT S. MUDERS, BADGE NO. 9613, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS A CALIFORNIA HIGHWAY PATROL OFFICER; OFFICER M.E. ORTIZ, TRIAL DATE 10/19/10 BADGE NO. 16562, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS A CALIFORNIA HIGHWAY PATROL OFFICER; DEBORAH PAUTSCH, AN INDIVIDUAL; CALIFORNIA FORENSIC MEDICAL GROUP, INCORPORATED; AND DOES 1 THROUGH 100, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Frank C. Damrell, Jr. United States District Judge

STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE OF DEFENDANTS DEBORA PAUTSCH, R.N, AND CALIFORNIA FORENSIC MEDICAL GROUP

Hon. Frank C. Damrell, Jr., District Judge

Hon. Gregory G. Hollows, Magistrate Judge

It is hereby stipulated by and between parties DENISE SALERNO and Defendants DEBORA PAUTSCH, R.N., and CALIFORNIA FORENSIC MEDICAL GROUP, by and through their counsel of record, as evidence by the signatures of their attorneys below as follows:

1. This Stipulation is entered into in accordance with the authority of Federal Rule of Civil Procedure 41(a)(1)(ii).

2. Named Defendants DEBORA PAUTSCH, R.N. and CALIFORNIA FORENSIC MEDICAL GROUP are hereby dismissed with prejudice to refiling in this or any other Federal Court and with prejudice to any refiling in any State Court. This prohibition applies regardless of the causes of action selected in the allegations made, as long as the allegations substantially relate to the events which are or could have been described in the Complaint in this Court.

3. This resolution was achieved as a result of negotiations between the parties.

4. As a result of the prejudicial dismissal of all aspects of this litigation as to Defendants DEBORA PAUTSCH, R.N., and CALIFORNIA FORENSIC MEDICAL GROUP, as to all pled and unpled causes of action in favor of these Defendants, the parties agree that all pending and future litigation events and deadlines as it pertains to these Defendants, including the pretrial conference and trial, are now unnecessary as to Defendants DEBORA PAUTSCH, R.N., and CALIFORNIA FORENSIC MEDICAL GROUP.

It is so Stipulated.

IT IS SO ORDERED.

20100329

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