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Brent Beckway v. Deputy Paul Deshong

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION


November 8, 2011

BRENT BECKWAY,
PLAINTIFF ,
v.
DEPUTY PAUL DESHONG, DOES 1 THROUGH 10, INCLUSIVE, SHERIFF RODNEY K. MITCHELL, COUNTY OF LAKE SHERIFF'S DEPARTMENT AND COUNTY OF LAKE, DEFENDANTS.

The opinion of the court was delivered by: Hon. Thelton E. Henderson United States Federal Judge

STIPULATION AND ORDER

STIPULATION AND ORDER RE DISM ISSAL OF CLAIMS

On October 2, 2007, the plaintiff filed a complaint and demand for trial by jury in this case, 2 identifying as defendants Sheriff Rodney K. Mitchell, County of Lake Sheriff's Department, and 3 County of Lake. (Docket #1) Pursuant to prior order of this court, plaintiff's claims against the Lake 4 County Sheriff's Department were dismissed on the basis that the Sheriff's Department is not a 5 proper defendant to a section 1983 claim. (Docket #11, Section IV, at page 9 and following.) 6 Plaintiff has agreed to dismiss his claims against defendant Sheriff Rodney K. Mitchell and County of Lake in exchange for the agreement of defendants Sheriff Rodney K. Mitchell, County of 8 Lake Sheriff's Department and County of Lake to waive their rights to recovery of litigation costs. 9

IT IS THEREFORE STIPULATED by and between all parties to this stipulation, by and 10 through their respective attorneys of record, that the plaintiff's claims against Sheriff Rodney K. 11 Mitchell and County of Lake be dismissed with prejudice. 12

IT IS FURTHER STIPULATED by and between all parties to this stipulation, through their 13 respective attorneys of record, that defendants Sheriff Rodney K. Mitchell, County of Lake Sheriff's 14 Department and County of Lake waive their rights to recover litigation costs against the plaintiff 15 herein. 16

Dated: November 7, 2011 LAW OFFICES OF CHARLES F. BOURDON By: /s/ Charles F. Bourdon CHARLES F. BOURDON BARON J. DREXEL Attorneys for Plaintiff Dated: November 7, 2011 22 JONES & DYER By: /s/ Mark A. Jones KRISTEN PRESTON Attorneys for Defendants County of County of Lake, County of Lake Sheriff's Department and Sheriff Rodney Mitchell, Deputy Richard Ward Dated: November 7, 2011 PORTER SCOTT By: /s/ John R. Whitefleet JOHN R. WHITEFLEET Attorneys for Defendant Paul DeShong

ORDER

The Court, having considered the foregoing stipulation of the parties, and good cause 9 appearing therefor, the Court hereby orders that plaintiff's claims against Sheriff Rodney K. Mitchell 10 and County of Lake be, and are hereby dismissed, with prejudice. The court further orders that, by 11 stipulation, the defendants County of Lake, County of Lake Sheriff's Department, and Sheriff 12 Rodney K. Mitchell are precluded from recovery of costs of litigation on the basis of this Court's 13 dismissal of plaintiff's claims against defendant Sheriff Rodney K. Mitchell, County of Lake Sheriff's Department and County of Lake.

Thelton E. Henderson Judge

20111108

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