The opinion of the court was delivered by: Hon. John A. Mendez Judge, US District Court, Eastern District of California
STIPULATION RE DISMISSAL OF NICOLAS MAURER; ORDER THEREON
The parties hereby STIPULATE as to the following Order of Dismissal of Defendant Nicolas Maurer:
1. In light of the Court's rulings on plaintiffs' First and Second Claims for Relief [Orders dated May 25, 2012 and January 3, 2013], defendant Nicolas Maurer is hereby DISMISSED from this matter.
2. The dismissal of Nicolas Maurer is made WITHOUT waiver of any appellate issues as to the Court's orders dismissing the First and Second Claims for Relief and any Judgment issued thereon.
3. If the Orders are reversed in part or in whole, and either of the claims for relief are reinstated on appeal, the dismissal as to Nicolas Maurer may be undone and Mr. Maurer can be brought back into the case.
4. By signing this stipulation, Defendants Citrus Heights Police Department, Brian Barron, Janet Schaeffer, D Christensen, Christine Ford, and Chris Boyd do not WAIVE any of their defenses, arguments or claims they have on any issue in this case.
FRANCK & ASSOCIATES _______________ ___ Dated: February ____, 2013 Herman Franck, Esq. Attorney for Plaintiffs Garr Ooley And Janis Starkey CABLE GALLAGHER LAW FIRM ______ ____________ Dated: February ____, 2013 Mark Gallagher, Esq. Attorney for Defendants Michelle R. Kirwan, Trevor Kirwan, Leland Murray, Jr., Mary Murray, Stephanie Murray Anthony Larish, Dreama C. Larish, Alan Spinner, and Jonathan Hanley TONON & ASSOCIATES ______ ____________ Dated: February____, 2013 Gayle Tonon, Esq. Attorney for Defendants Citrus Heights Police Department, Brian Barron, Janet Schaefer, D. Christensen, Christine Ford and Chris Boyd
ORDER BASED ON STIPULATION
The court hereby ACCEPTS the foregoing stipulation and ORDERS that Nicolas Maurer is
hereby DISMISSED from this action subject to the above terms and conditions.