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Latoya Mckenzie, et al. v. Kern County

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF California


August 1, 2011

LATOYA MCKENZIE, ET AL. PLAINTIFFS
v.
KERN COUNTY, ET AL DEFENDANTS.

FEDERICO CASTELAN SAYRE, ESQ., SBN 067420 sayrreesq@sayrelevitt.com SAYRE & LEVITT, LLP 900 N. BROADWAY, 4th FLOOR SANTA ANA, CALIFORNIA 92701-3452 Phone (714) 550-9117 Facsimile (714) 550-9125 Attorneys for Plaintiffs:

Assigned to Magistrate Judge Dennis L. Beck

STIPULATION TO DISMISS PLAINTIFF'S CLAIMS WITH PREJUDICE; ORDER THEREON [F.R.C.P. 41]

COMES NOW, the Parties herein, by and through their respective counsel of record, Federico C. Sayre, Esq. of SAYRE & LEVITT, LLP for Plaintiff Brenda McKenzie, Andrew C. Thomson, Deputy, Office of Kern County Counsel, for Defendants County of Kern, Kern County Sheriff's Office, Otis Whinery, Douglas Jauch, Edward Tucker and Patrick Neal (hereinafter collectively "Kern Defendants") and Mildred K. O'linn, Esq. of Manning & Kass Ellrod Ramirez Trestor, counsel for Defendant Taser International, Inc. with the authority of their respective clients, agree as follows:

1. Plaintiff Brenda McKenzie voluntarily dismisses her claims against all defendants pursuant to F.R.C.P. Rule 41(a), with prejudice.

2. Defendants agree to waive all costs of litigation, and to waive all accrued attorneys' fees, to the extent any would be recoverable against this plaintiff.

IT IS SO STIPULATED.

ORDER

THE COURT finds that: Pursuant to the Stipulation re Dismissal between plaintiff Brenda McKenzie, and Defendants County of Kern, Kern County Sheriff's Office, Otis Whinery, Douglas Jauch, Edward Tucker, Patrick Neal and Taser International, Inc. all causes of action against defendants are dismissed with prejudice. Furthermore, plaintiff Brenda McKenzie, and Defendants County of Kern, Kern County Sheriff's Office, Otis Whinery, Douglas Jauch, Edward Tucker, Patrick Neal and Taser International, Inc. mutually agreed waive all costs, court fees and attorneys' fees arising out of this litigation involving these parties.

IT IS ORDERED that this action is hereby dismissed with prejudice. Each party to bear its own costs and attorneys' fees.

IT IS SO ORDERED.

CHIEF UNITED STATES DISTRICT JUDGE

20110801

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