Kirkham v. City of Fresno ( 2023 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 MICHAEL ALLEN KIRKHAM, Case No. 1:22-cv-00191-JLT-EPG 9 Plaintiff, ORDER RE: STIPULATION OF 10 DISMISSAL WITH PREJUDICE OF ONLY v. DEFENDANTS BALDERRAMA, 11 PATTERSON, O’DELL, SENETHAVYSOUK, PARK, PASSMORE, 12 CITY OF FRESNO, et al., AND OGLETREE 13 Defendants. (ECF No. 21) 14 15 16 On April 19, 2023, the parties filed a stipulation of dismissal. (ECF No. 21). 17 Specifically, the parties state that, on April 17, 2023, Plaintiff and the City of Fresno entered 18 into a settlement agreement containing a term requiring the immediate dismissal with prejudice 19 of Defendants Chief Paco Balderrama, Officer Bryan Patterson, Officer Ritchie O’Dell, Officer 20 Suphanya Senethavysouk, Officer Christopher Park, Officer Brooke Passmore, and Officer 21 Morgan Ogletree. The stipulation of dismissal covers all claims against them and provides for a 22 waiver of all costs, court fees, and attorneys’ fees. In light of the parties’ stipulation of dismissal, IT IS ORDERED as follows: 23 1. The claims against Defendants Chief Paco Balderrama, Officer Bryan Patterson, 24 Officer Ritchie O’Dell, Officer Suphanya Senethavysouk, Officer Christopher Park, 25 Officer Brooke Passmore, and Officer Morgan Ogletree have been dismissed with 26 prejudice and without an award of costs or fees. See Fed. R. Civ. P. 41(a)(1)(A)(ii); 27 Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). 1 2. The Clerk of Court is directed to terminate only the following Defendants from the 2 docket: Chief Paco Balderrama, Officer Bryan Patterson, Officer Ritchie O’Dell, 3 Officer Suphanya Senethavysouk, Officer Christopher Park, Officer Brooke 4 Passmore, and Officer Morgan Ogletree. 5 3. Given that the parties have otherwise settled the case (ECF No. 20), the remaining 6 parties are directed to file an appropriate dispositional document with twenty-one 7 days from the entry of this order. See LR 160(b). 8 IS SO ORDERED. 9 Dated: _April 20, 2023 ey — UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28