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Michael Shofner, Ganean Marie Paraja v. United States of America

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 28, 2012

MICHAEL SHOFNER, GANEAN MARIE PARAJA, PLAINTIFFS,
v.
UNITED STATES OF AMERICA, ET AL.,
DEFENDANTS.

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

STIPULATION TO DISMISS PLAINTIFFS FOURTH CAUSE OF ACTION AND PLAINTIFFS' COMPLIANCE WITH THE CALIFORNIA TORT CLAIMS ACT, AND [PROPOSED] ORDER Location: USDC CRTRM: 4 Judge: Hon. Lawrence J. O'Neill Date Action Filed: September 26, 2011 Date Set For Trial: September 16, 2014

THE PARTIES BY AND THROUGH THEIR RESPECTIVE ATTORNEYS OF RECORD HERBY STIPULATE AS FOLLOWS:

STIPULATION AND [PROPOSED] ORDER TO DISMISS PLAINTIFFS' FOURTH CAUSE OF ACTION

1) The Plaintiffs have agreed to dismiss the Fourth Cause of Action, as it pertains to violations of the Plaintiffs' Eighth Amendment Rights, pursuant to Pierce v. Multnomah County, Or., 76 F.3d 1032, (1996).

2) It is further Stipulated by and between the parties that the Plaintiffs have complied with the California Tort Claims Act.

IT IS SO STIPULATED:

Dated: December 20, 2012 /s/ Robert A. Brady Robert A. Brady, Attorney for Plaintiffs MICHAEL SHOFNER and GENEAN PARAJAS Dated: December 20, 2012 /s/ Mark L. Nations Mark L. Nations, Chief Deputy Kern County Counsel, Attorneys for Defendants KERN COUNTY DEPARTMENT OF PARKS AND RECREATION Dated: December 20, 2012 /s/ Alyson A. Berg Alyson A. Berg Assistant United States Attorney Attorneys for Defendant UNITED STATES OF AMERICA Dated: December 20, 2012 ___/s/___Oliver U. Robinson, Esq. ROBINSO0N & KELLAR 3434 Truxtun Avenue, Suite 150 Bakersfield, CA 93301 Attorneys for Defendant Deputy WILLIAM STRAWTER

After reviewing the attached Stipulation between the parties by and through their respective counsel of record, and good cause appearing, the Court Orders that the Fourth Cause of Action of Plaintiffs' First Amended Complaint is dismissed with prejudice. The Court further finds that the Parties have stipulated that the Plaintiffs have complied with the California Tort Claims Act.

IT IS SO ORDERED.

20121228

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