Free Notice (Other) - District Court of California - California

Case 3:08-cv-00891-JAH-POR

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Filed 08/18/2008

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MICHAEL J. AGUIRRE, City Attorney DONALD F. SHANAHAN, Deputy City Attorney California State Bar No. 49777 Office of the City Attorney 1200 Third Avenue, Suite 1100 San Diego, California 92101-4100 Telephone: (619) 533-5800 Facsimile: (619) 533-5856 Attorneys for Defendants, City of San Diego, San Diego Police Department, William Lansdowne and Franklin White UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Case No. 08cv0891 JAH (POR) DISMISSAL OF FIRST CAUSE OF ACTION (DECLARATORY RELIEF) FROM THIRD PARTY COMPLAINT

JOHNNY SILVA, an individual and minor, by ) 10 and through his guardian ad litem, LUIS SILVA, ) ) Plaintiff, ) 11 ) v. ) 12 ) 13 FRANKLIN WHITE, an individual, WILLIAM ) LANSDOWNE, an individual, SAN DIEGO ) ) 14 POLICE DEPARTMENT, CITY OF SAN DIEGO, and DOES 1 - 20, ) ) 15 Defendants. ) ) 16 ) ) 17 AND RELATED CROSS ACTION, ) 18 19 20 21 22 23 24 25 26 27 28

Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A), Third Party Plaintiffs/ Cross-complainants hereby dismiss the First Cause of Action (Declaratory Relief) from the Third Party Complaint/Cross-Complaint for Negligence and Damages by City Of San Diego, San Diego Police Department, William Lansdowne, Franklin White Against Third Party Defendant/CrossDefendant, filed on July 17, 2008. Dated: August 18, 2008 MICHAEL J. AGUIRRE, City Attorney By /s/ Donald F. Shanahan Donald F. Shanahan Deputy City Attorney Attorneys for Defendants/Complainants City of San Diego, San Diego Police Department, William Lansdowne, and Franklin White
08cv0891 JAH (POR)

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Case 3:08-cv-00891-JAH-POR

Document 21

Filed 08/18/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOHNNY SILVA, etc. Plaintiff, v.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Case No.: 08cv0891 JAH (POR) DECLARATION OF SERVICE

CITY OF SAN DIEGO, et al., Defendants. I, the undersigned, declare under penalty of perjury that I am over the age of eighteen years and not a party to this action; and that I served the individuals on the service list attached hereto the following documents: DISMISSAL OF FIRST CAUSE OF ACTION (DECLARATORY RELIEF) FROM THIRD PARTY COMPLAINT, in the following manner: (Check one) 1) By personally serving the individual named by personally delivering the copies to the offices of the addressee. Time of delivery: ___________ a.m./p.m. 2)___ By leaving, during usual office hours, copies in the office of the person served with the person who apparently was in charge and thereafter mailing copies (first class mail, postage prepaid) to the person served at the place where the copies were left. 3) XX By electronic filing, I served each of the above referenced documents by E filing, in accordance with the rules governing the electronic filing of documents in the United States District Court for the Southern District of California, as to the following parties: Eugene Iredale Michael Pancer [email protected], [email protected] [email protected]

Executed: August 18, 2008, at San Diego, California.

SHELLEY CARTER

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08cv0891 JAH (POR)