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Engineering v. City and County of San Francisco

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


August 26, 2010

MITCHELL ENGINEERING, A CALIFORNIA CORPORATION, PLAINTIFF,
v.
CITY AND COUNTY OF SAN FRANCISCO, [A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA], ANTHONY IRONS, IN HIS INDIVIDUAL AND OFFICIAL ACTION FILED: AUGUST 22, 2008 CAPACITY, MICHAEL QUAN, IN HIS TRIAL DATE: AUGUST 30, 2010 INDIVIDUAL AND OFFICIAL CAPACITY, ALAN WONG, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY, DEFENDANTS.

The opinion of the court was delivered by: The Honorable Susan Illston Judge OF The U.S. District Court

[PROPOSED] ORDER DISMISSING ALL CLAIMS AGAINST DEFENDANTS MICHAEL QUAN AND ALAN WONG WITH PREJUDICE

In response to Plaintiff Mitchell Engineering's filing of a Notice of Voluntary Dismissal of Defendants Michael Quan and Alan Wong without prejudice on May 14, 2010 and Defendants Quan's and Wong's Motions for Summary Judgment filed that same day, which objected to their dismissal without prejudice, and pursuant to Federal Rule of Civil Procedure 41(a)(2), the Court hereby orders all claims against Defendants Michael Quan and Alan Wong dismissed with prejudice. This dismissal with prejudice is subject to the following conditions: (1) the right to pursue fees and costs for Defendants Quan's and Wong's defense and all potential claims against Plaintiff Mitchell Engineering are preserved, and (2) during trial, Plaintiff Mitchell Engineering is precluded from referring to purported constitutional violations by Defendants Quan and Wong and any evidence referring or relating to them.

IT IS SO ORDERED

20100826

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