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Rubbie Mckeever v. United States of America

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 30, 2010

RUBBIE MCKEEVER,
PLAINTIFF,
v.
UNITED STATES OF AMERICA, AND ADALBERTO ARREGUIN AKA ALBERT ARREGUIN,
DEFENDANTS.

The opinion of the court was delivered by: Lawrence J.O'Neill United States District Judge

BENJAMIN B. WAGNER United States Attorney JEFFREY J. LODGE Assistant United States Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 Attorneys for Defendant United States of America

APPLICATION TO APPROVE STIPULATION TO DISMISS THE UNITED STATES OF AMERICA ) AS A PARTY;

ORDER

Plaintiff Rubbie McKeever ("Plaintiff") and Defendant United States of America ("Defendant"), by and through undersigned counsel, hereby stipulate that the United States of America has contracted for security services at the location of the alleged incident and that Adalberto Arreguin aka Albert Arreguin is not its employee and for these reasons the United States of America should be dismissed as a party to this action without prejudice.*fn1 The complaint shall remain pending against the other defendant(s), who has not yet filed an appearance.

The parties request the Court to endorse this stipulation by way of formal order pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure and Local Rule 143. Respectfully submitted,Dated: December 28, 2010

ORDER

IT IS HEREBY ORDERED that the United States of America is hereby dismissed as a party defendant in the above referenced matter without prejudice.

Dated: December 30, 2010


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