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Derrick D. Payne v. City and County of San Francisco

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


October 30, 2012

DERRICK D. PAYNE,
PLAINTIFFS,
v.
CITY AND COUNTY OF SAN FRANCISCO, DEPUTY CITY ATTORNEY ROWENA T. LIBANG, IN HER PERSONAL AND OFFICIAL CAPACITY; DEPARTMENT OF HUMAN SERVICES, SOCIAL WORKER GILBERT JUE, IN HIS PERSONAL AND OFFICIAL 20 CAPACITY; SAN FRANCISCO SHERIFF MICHAEL HENNESSEY; DEPUTY SHERIFF L. CASTELLANOS, IN HIS PERSONAL AND OFFICIAL CAPACITY; SERGEANT G. NODA, 22 IN HIS PERSONAL AND OFFICIAL CAPACITY; DEPUTY SHERIFF S. NEU, IN HIS PERSONAL AND OFFICIAL 23 CAPACITY; DEPUTY SHERIFF J. TILTON, IN HIS PERSONAL AND OFFICIAL CAPACITY; DEPUTY
SHERIFF MCCONICO, IN HIS PERSONAL AND OFFICIAL CAPACITY, AND DOES 1 THROUGH 100, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: The Honorable Yvonne G. Rogers United States District Judge

STIPULATION OF DISMISSAL WITH PREJUDICE; [PROPOSED] ORDER Trial Date: November 26, 2012

Stipulation for Dismissal; Order 1 g:\ygrall\ecf-ready\payne 11-1328 dismissal order (stip).doc claim for relief for false arrest, and having denied plaintiff's cross-motion for partial summary 4 judgment on the same claim (Dkt. 109), there having been no disposition of the second and third 5 claims for relief in the operative complaint in this action, under Federal Rule of Civil Procedure 41(a)(1) the parties stipulate to dismissalofthe entire action with prejudice, with each party to bear 7 his, her, or its own attorney's fees, costs, and expenses.

By: /s/ James Birkelund Attorneys for Plaintiff STIPULATION

This Court having granted defendants' motion for partial summary judgment on plaintiff's first

Dated: October 26, 2012 LAW OFFICES OF JAMES BIRKELUND 9 bear his, her, or its own attorney's fees, costs, and expenses. IT IS SO ORDERED.

Stipulation for Dismissal; Order 2 g:\ygrall\ecf-ready\payne 11-1328 dismissal order (stip).doc

CV 11 1328 YGR

Dated: October 26, 2012 DENNIS J. HERRERA

City Attorney

CHERYL ADAMS

Chief Trial Deputy

DONALD P. MARGOLIS DUNCAN CARLING

Deputy City Attorneys

By: /s/ Donald P. Margolis

DONALD P. MARGOLIS Attorneys for Defendants

CITY AND COUNTY OF SAN FRANCISCO, ROWENA LIBANG, GILBERT JUE, GARY NODA, LUIS CASTELLANOS, SCOTT NEU, JASON TILTON, AND RONALD MCCONICO

[The filer of this document attests that concurrence in the filing of this document has been obtained from plaintiff's attorney above, and shall serve in lieu of his signature.]

ORDER

PURSUANT TO STIPULATION, this action is dismissed with prejudice. Each side shall

20121030

© 1992-2012 VersusLaw Inc.



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