Claudio Radocchia v. City of Los Angeles et al

Filing 181

PARTIAL JUDGMENT AS TO DEFENDANTS JASON POWELL AND SONYA POWELL PURSUANT TO F.R.C.P. RULE 68 AND RULE 54(B) 176 jointly and severally in amount of $502,500.00; parties to bear own costs and attorney fees by Judge S. James Otero (lc)

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UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA ) ) ) Plaintiff, ) ) vs. ) ) ) CITY OF LOS ANGELES; SONIA ) POWELL; JASON POWELL; LOS ANGELES POLICE DEPARTMENT, ) ) A DIVISION OF CITY OF LOS ANGELES; DISTRICT ATTORNEY'S ) ) OFFICE FOR THE CITY OF LOS ) ANGELES; MONICA MCPARTLAND; MICHELLE LIM; ) THE NEIGHBORHOOD SCHOOL; ) ) and DOES 1 through 200, inclusive, ) ) Defendants. ) ________________________________ ) CLAUDIO RADOCCHIA, CASE NO. LA 09 CV 1680 SJO (RCx) (Assigned to Judge S. James Otero; Magistrate Rosalyn M. Chapman) PARTIAL JUDGMENT AS TO DEFENDANTS JASON POWELL AND SONYA POWELL PURSUANT TO F.R.C.P. RULE 68 AND RULE 54(B)

Pursuant to Federal Rules of Civil Procedure, Rule 68, Plaintiff CLAUDIO RADOCCHIA has accepted the offer of Defendants JASON POWELL and SONYA POWELL, to allow judgment against Defendants, SONYA POWELL and JASON POWELL, jointly and severally, and in favor of Plaintiff, in the amount

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of $502,500.00, inclusive of all costs and attorney fees otherwise recoverable against them in this action. Attached hereto as Exhibits "1" and "2" are copies of the "Offer of Judgment [Rule 68]" and "Notice of Plaintiff's Acceptance of Offer of Judgment of Defendants Sonya Powell and Jason Powell [F.R.C.P. Rule 68]," respectfully, which are incorporated herein by this reference. This partial judgment has no impact on Plaintiff's rights and claims, if any, against Defendants CITY OF LOS ANGELES and MONICA MCPARTLAND, nor does it affect the rights and defenses, if any, of Defendants CITY OF LOS ANGELES and MONICA MCPARTLAND, including the alleged right of the CITY OF LOS ANGELES and MONICA MCPARTLAND to claim that they are entitled to a "credit" for the amount of this judgment. The status quo as to these parties remains in tact. IT IS THEREFORE ORDERED: 1. $502,500.00; 2. As against each other, Plaintiff CLAUDIO RADOCCHIA and Defendants JASON POWELL and SONYA POWELL, shall bear their own costs and attorney's fees. Judgment is entered against Defendants, SONYA POWELL and JASON POWELL, jointly and severally, and in favor of Plaintiff, in the amount of

DATED:

March 1, 2010

_______________________________ S. JAMES OTERO UNITED STATES DISTRICT JUDGE

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