Smith v. Martin ( 2019 )

1 MARGO A. RAISON, COUNTY COUNSEL By: Kathleen Rivera, Deputy (SBN 211606) 2 Kern County Administrative Center 3 1115 Truxtun Avenue, Fourth Floor Bakersfield, CA 93301 4 Telephone 661-868-3800 Fax 661-868-3805 5 6 Attorneys for County of Kern 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 JAMES RAYMOND, ) Case No.: 1:18-CV-00307 DAD JLT ) 11 Plaintiff, ) 12 v. ) STIPULATED DISMISSAL ) 13 WARREN MARTIN, ) ) 14 Defendant. ) 15 ____________________________________ ) Case No.: 1:18-cv-01526 DAD-JLT ) 16 INGRID CRAWFORD SMITH, et al., ) 17 ) Plaintiffs, ) 18 v. ) ) 19 CITY OF BAKERSFIELD, KERN ) 20 COUNTY, et al., ) ) 21 Defendants. 22 Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, the parties to this action, 23 through their respective attorneys of record, stipulate as follows: 24 1) On March 5, 2018, plaintiff James Raymond, in pro per, filed a complaint regarding 25 the death of his son Augustus Joshua Crawford, naming defendants Bakersfield Police officer 26 Warren Martin. (Case number 1:18-cv-00307 DAD-JLT). 27 28 1 2) On November 5, 2018, Plaintiffs Ingrid Crawford Smith and A.C filed a complaint 2 regarding the death of Augustus Joshua Crawford, through their attorney George G. Mgdesyan, 3 naming the City of Bakersfield, Bakersfield Police Department, Bakersfield Police Chief Lyle 4 Martin, Bakersfield Police Officer Warren Martin, and Kern County. (Case number 1:18-cv- 5 01526 DAD-JLT). 6 3) On March 14, 2019, the above two cases were consolidated, with the case 7 number of the earlier filed case as the new case number: 1:18-cv-00307 DAD-JLT. 8 4) On September 16, 2019, Plaintiff A.J.C filed a complaint regarding the death of 9 Augustus Joshua Crawford, through his/her attorney George G. Mgdesyan, naming the City of 10 Bakersfield and the Bakersfield Police Department. (Case number 1:19-cv-01302 DAD-JLT). 11 5) On September 24, 2019, this court issued an Order to Show Cause regarding 12 why the latest filed case, 1:19-cv-01302 DAD-JLT, should not be consolidated with the prior 13 now consolidated cases. As of today’s date, an order to consolidate has not been issued. 14 6) James Raymond, in pro per, and the remaining parties through their respective 15 counsel now STIPULATE that defendant Kern County is not a proper party to this lawsuit, and 16 therefore Kern County is DISMISSED as a defendant with prejudice from the lead case: 1:18- 17 cv-00307 DAD-JLT. 18 19 Dated: November 7, 2019 MARGO A. RAISON, COUNTY COUNSEL 20 21 By: /s/ Kathleen Rivera, Deputy 22 Attorneys for County of Kern 23 Dated: October 31, 2019 MGDESYAN LAW FIRM 24 25 By: /s/ * 26 George G. Mgdesyan, Esq. Attorneys for Ingrid Crawford Smith and 27 A.C. and A.J.C 28 *Permission to sign electronically granted by email 10/31/19 1 Dated: October ___, 2019 JAMES RAYMOND 2 3 By: James Raymond, Plaintiff 4 5 Dated: October ___, 2019 MARDEROSIAN & COHEN 6 7 By: /s/ ** 8 Heather S. Cohen, Esq. Attorneys for City of Bakersfield, et al. 9 10 ** Permission to sign electronically granted by email 11/7/19/ 11 ORDER 12 The parties have stipulated to dismiss the action as to the County of Kern with each side to bear 13 their own fees and costs. (Doc. 60) The stipulation relies upon Fed.R.Civ.P. 41, which permits the 14 plaintiff to dismiss an action without a court order “by filing . . . a stipulation of dismissal signed by all 15 parties who have appeared.” Fed. R. Civ. P. 41(a)(1)(A)(ii). Because all parties who have appeared in 16 the action signed the stipulation (Doc. 79), it “automatically terminate[d] the action.” Wilson v. City of 17 San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Accordingly, the Clerk of Court is DIRECTED to close 18 this action as to the County of Kern. 19 20 IT IS SO ORDERED. 21 22 Dated: November 13, 2019 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28