Carefoot v. County of Kern ( 2019 )

1 MARGO A. RAISON, COUNTY COUNSEL By: Kathleen Rivera (SNB 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 Attorneys for Defendants County of Kern, Kim Duckworth, 6 Annie Stephens, Kenisha Edwards and Patty Rosales 7 Vincent W. Davis, Esq. (SBN 125399) 8 Daniel C. Sharpe, Esq.(SBN 267075) 9 Law Offices of Vincent W. Davis & Associates 150 N. Santa Anita Avenue, Suite 200 10 Arcadia, CA 91006 Phone: (626)446-6442 11 Facsimile (626) 446-6454 12 Attorneys for Plaintiffs Carefoot and J.H. 13 UNITED STATES DISTRICT COURT 14 EASTERN DISTRICT OF CALIFORNIA 15 16 PRISCILLA CAREFOOT; J.H., a minor ) Case No.: 1:17-CV-00456-AWI-JLT by and through his Guardian Ad Litem, ) 17 Priscilla Carefoot, ) STIPULATION TO DISMISS ACTION 18 ) WITH PREJUDICE; ORDER CLOSING Plaintiffs, ) THE ACTION 19 ) (Doc. 54) v. ) 20 ) 21 COUNTY OF KERN, by and through ) THE KERN COUNTY DEPARTMENT ) 22 OF HUMAN SERVICES; KIM ) DUCKWORTH, an Individual; ANNIE ) 23 STEPHENS, an Individual; KENISHA ) 24 EDWARDS, an Individual; and DOES 1 ) through 50, inclusive, ) 25 ) Defendants. ) 26 ) 27 28 /// 1 JOINT STIPULATION 2 COME NOW the parties to this action jointly, through their respective attorneys of 3 record, and stipulate as follows: 4 1. On August 20, 2019, this court granted the Petition to approve settlement of the 5 claims of the minor, J.H, in this matter; 6 2. The parties have fully executed a Settlement and Release on behalf of both 7 plaintiffs; 8 3. The County of Kern has submitted settlement checks to the plaintiffs’ counsel 9 according to the terms of the settlement. 10 THEREFORE, the parties through counsel stipulate that this matter be DISMISSED 11 WITH PREJUDICE. 12 13 Dated: October 22, 2019 MARGO A. RAISON, COUNTY COUNSEL 14 15 By: /s/ Kathleen Rivera Kathleen Rivera, Deputy 16 Attorneys for Defendants 17 18 Dated: October 22, 2019 By: /s/ Edna Wenning, Esq. 19 Daniel C. Sharpe, Esq. 20 Attorney for Plaintiff Priscilla Carefoot and J.H. 21 22 23 24 25 26 27 28 1 ORDER 2 3 The parties have settled their case and have stipulated to the action being dismissed 4 with prejudice. (Doc. 54) The Federal Rules of Civil Procedure Rule 41 makes such 5 stipulations effective immediately with further order of the Court. Because all parties who have 6 appeared in the action signed the stipulation, it “automatically terminate[d] the action.” Wilson 7 v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Accordingly, the Clerk of Court is 8 DIRECTED to close this action. 9 10 IT IS SO ORDERED. 11 Dated: October 22, 2019 /s/ Jennifer L. Thurston 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28