Michael Nichols et al v. City of Palm Springs et al

Filing 110

JUDGMENT by Judge Philip S. Gutierrez, in favor of City of Palm Springs against Georgia Nichols, Michael Nichols, Mindy Nichols: All claims having been adjudicated in favor of Defendants, NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED th at Plaintiffs MICHAEL NICHOLS, MINDY NICHOLS, and GEORGIA NICHOLS shall take nothing by way of their complaint against Defendants CITY OF PALM SPRINGS, GUILLERMO FERNANDEZ, MATT BEARD and RAE FERNANDEZ. Said Defendants shall recover from Plaintiffs their costs of suit incurred in this proceeding. (bm)

E-FILED 10/30/15
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MICHAEL NICHOLS, MINDY
NICHOLS, and GEORGIA NICHOLS,

ATTORNEYS AT LAW
COSTA MESA

WOODRUFF, SPRADLIN
& SMART

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CASE NO: EDCV14-01553 PSG (ASx)
BEFORE THE HONORABLE
PHILIP S. GUTIERREZ
COURTROOM 880

Plaintiff,
v.

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[PROPOSED] JUDGMENT

CITY OF PALM SPRINGS, RAE
FERNANDEZ, GUILLERMO “GIL”
FERNANDEZ, MATT BEARD, and
DOES 1-50,
Defendants.

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On October 6, 2014, this Court granted the motion to dismiss filed by

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Defendants CITY OF PALM SPRINGS, dismissing the claim alleged against it with

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leave to amend, specifically stating that if Plaintiffs MICHAEL NICHOLS, MINDY

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NICHOLS, and GEORGIA NICHOLS did not timely amend the dismissal would be

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with prejudice. Plaintiffs did not amend their complaint such that the claim for which

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leave to amend was given was deemed dismissed.

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On October 21, 2015, this Court granted the motion for summary judgment

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brought by Defendants GUILLERMO FERNANDEZ, MATT BEARD and RAE

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FERNANDEZ, as employees of CITY OF PALM SPRINGS, a public entity, in its

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entirety.
1120694.1

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All claims having been adjudicated in favor of Defendants,

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NOW, THEREFORE,

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiffs

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MICHAEL NICHOLS, MINDY NICHOLS, and GEORGIA NICHOLS shall take

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nothing by way of their complaint against Defendants CITY OF PALM SPRINGS,

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GUILLERMO FERNANDEZ, MATT BEARD and RAE FERNANDEZ. Said

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Defendants shall recover from Plaintiffs their costs of suit incurred in this proceeding.

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10/30/15
DATED: ________________

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___________________________________
HONORABLE PHILIP S. GUTIERREZ
JUDGE OF THE UNITED STATES
DISTRICT COURT

ATTORNEYS AT LAW
COSTA MESA

WOODRUFF, SPRADLIN
& SMART

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1120694.1

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PROOF OF SERVICE

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STATE OF CALIFORNIA, COUNTY OF ORANGE

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I am over the age of 18 and not a party to the within action; I am employed by
WOODRUFF, SPRADLIN & SMART in the County of Orange at 555 Anton
Boulevard, Suite 1200, Costa Mesa, CA 92626-7670.

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On October 23, 2015, I served the foregoing document(s) described as
[PROPOSED] JUDGMENT
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by placing the true copies thereof enclosed in sealed envelopes addressed as
stated on the attached mailing list;

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(BY MAIL) I placed said envelope(s) for collection and mailing, following
ordinary business practices, at the business offices of WOODRUFF,
SPRADLIN & SMART, and addressed as shown on the attached service list,
for deposit in the United States Postal Service. I am readily familiar with the
practice of WOODRUFF, SPRADLIN & SMART for collection and processing
correspondence for mailing with the United States Postal Service, and said
envelope(s) will be deposited with the United States Postal Service on said date
in the ordinary course of business.



(BY ELECTRONIC SERVICE) by causing the foregoing document(s) to be
electronically filed using the Court’s Electronic Filing System which constitutes
service of the filed document(s) on the individual(s) listed on the attached
mailing list.

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(BY OVERNIGHT DELIVERY) I placed said documents in envelope(s) for
collection following ordinary business practices, at the business offices of
WOODRUFF, SPRADLIN & SMART, and addressed as shown on the attached
service list, for collection and delivery to a courier authorized by
________________________ to receive said documents, with delivery fees
provided for. I am readily familiar with the practices of WOODRUFF,
SPRADLIN & SMART for collection and processing of documents for
overnight delivery, and said envelope(s) will be deposited for receipt by
________________________ on said date in the ordinary course of business.

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(BY FACSIMILE) I caused the above-referenced document to be transmitted
to the interested parties via facsimile transmission to the fax number(s) as stated
on the attached service list.

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(BY PERSONAL SERVICE) I delivered such envelope(s) by hand to the
offices of the addressee(s).

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(Federal) I declare that I am employed in the office of a member of the bar of
this court at whose direction the service was made. I declare under
penalty of perjury that the above is true and correct.

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ATTORNEYS AT LAW
COSTA MESA

WOODRUFF, SPRADLIN
& SMART

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Executed on October 23, 2015, at Costa Mesa, California.

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s/ Laura F. Perez
LAURA F. PEREZ

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1120694.1

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MICHAEL NICHOLS, et al. v. CITY OF PALM SPRINGS, et al.

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ASSIGNED FOR ALL PURPOSES TO
HONORABLE PHILIP S. GUTIERREZ
REFERRED TO MAGISTRATE JUDGE ALKA SAGAR

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USDC, CENTRAL DISTRICT OF CALIFORNIA
CASE NO: EDCV14-01553 PSG (ASx)

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SERVICE LIST

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Mark John Geragos
Benjamin Jared Meiselas
GERAGOS AND GERAGOS, APC
Historic Engine Co. No. 28
644 S. Figueroa Street
Los Angeles, CA 90017
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

Attorneys for Plaintiffs
MICHAEL
NICHOLS,
MINDY
NICHOLS, and GEORGIA NICHOLS

ATTORNEYS AT LAW
COSTA MESA

WOODRUFF, SPRADLIN
& SMART

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8/6/15

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1120694.1

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