UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
October 7, 2010
DANIEL PROVENCIO, JR., PERSONALLY AND AS SUCCESSOR IN INTEREST TO DANIEL PROVENCIO, DECEASED, BY HIS GUARDIAN AD LITEM, MARIA LUCERO, NANCY MENDOZA, AND JOHNNY G. PROVENCIO, PLAINTIFFS,
PATRICIA L. VAZQUEZ, ET AL, DEFENDANTS.
The opinion of the court was delivered by: Oliver W. Wanger United States District Judge
The Honorable Oliver W. Wanger
JOINT STIPULATION AND ORDER DISMISSING CLAIMS OF PLAINTIFF NANCY MENDOZA
IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff, NANCY MENDOZA, and all Defendants, past and present, by and through their respective attorneys of record, as follows:
1. Plaintiff, NANCY MENDOZA is one of the Plaintiffs in this action.
2. Plaintiff NANCY MENDOZA wishes to dismiss all claims in this action with prejudice and waive any rights to appeal.
3. The Defendants, through their counsel, agree to waive all fees and costs that they may be entitled to seek from the Court against Plaintiff NANCY MENDOZA in exchange for the dismissal of all claims by Plaintiff NANCY MENDOZA.
4. The parties further stipulate that Defendants will waive any claim(s) that they may have against Plaintiff NANCY MENDOZA for malicious prosecution in exchange for the dismissal of all claims by Plaintiff NANCY MENDOZA.
IT IS HEREBY STIPULATED AND AGREED THAT all of the claims of Plaintiff NANCY MENDOZA in the above-captioned action are hereby dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1).
Dated: October 5, 2010
IT IS HEREBY ORDERED that the claims of Plaintiff NANCY MENDOZA in Eastern District of California case number 1:07-cv-0069 OWW-JLT, pursuant to the terms of the above stipulation, are hereby dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1).
IT IS SO ORDERED.
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