Niveen Ismail v. County of Orange et al

Filing 125

AMENDED JUDGMENT by Judge Christina A. Snyder: IT IS ORDERED, ADJUDGED AND DECREED that: (1) That Judgment be entered in favor of all Defendants City of Newport Beach, Orange County, Penny Freeman, Neil Schuster and Elizabeth Costello as against Plai ntiff Niveen Ismail; (2) That the entire action be dismissed; and (3) That Plaintiff Niveen Ismail take nothing and that Defendants City of Newport Beach, Orange County, Penny Freeman, Neil Schuster, and Elizabeth Costello recover their costs of suit in accordance with the Local Rules and Federal Rule of Civil Procedure 54. (gk)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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NIVEEN ISMAIL,

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Plaintiff,
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vs.
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PENNY FREEMAN; NEIL
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SCHUSTER; each in their official
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and individual capacities,
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Defendants.
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______________________________ )

No. CV11-01751 CAS (AJW)
AMENDED ____________
[PROPOSED]
JUDGMENT

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Plaintiff filed this case in this Court on November 14, 2011, asserting
claims for malicious prosecution and wrongful arrest pursuant to 42 U.S.C. §1983
and related state laws. Following a combination of joint stipulations and voluntary
dismissals, plaintiff filed a Second Amended Complaint (“SAC”) on August 8,
2012, naming as defendants the City of Newport Beach (“Newport Beach”), the
County of Orange (“Orange County”), Detective Penny Freeman of the Newport
Beach Police Department (“Freeman”), Neil Schuster of the Newport Beach Police
Department (“Schuster”), and Deputy Orange County District Attorney Elizabeth
Costello.
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Proposed Judgment

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By order dated October 18, 2012, the Court dismissed all federal claims

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against Elizabeth Costello and declined to exercise jurisdiction over the related

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state law claims. Dkt. #79 at 6-11. The Court also dismissed all federal claims

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against Orange County.

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By order dated October 30, 2012, the Court dismissed all federal claims
against the City of Newport Beach. Dkt. #80.
Plaintiff filed a Third Amended Complaint (“TAC”), which alleges claims

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against Freeman and Schuster for wrongful arrest and excessive bail. By order

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dated July 29, 2013, the Court granted summary judgment in favor of Freeman and

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Schuster on all claims except plaintiff’s misdemeanor arrest claims against

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Freeman. Freeman filed a motion for reconsideration on August 12, 2013, and

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plaintiff filed an opposition on August 14, 2013. After reconsideration, on

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September 13, 2013, the Court granted summary judgment in favor of Freeman on

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all remaining claims.

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IT IS ORDERED, ADJUDGED AND DECREED that:

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1.

That Judgment be entered in favor of all Defendants City of Newport

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Beach, Orange County, Penny Freeman, Neil Schuster and Elizabeth Costello as

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against Plaintiff Niveen Ismail;

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2.

That the entire action be dismissed; and

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3.

That Plaintiff Niveen Ismail take nothing and that Defendants

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City of Newport Beach, Orange County, Penny Freeman, Neil Schuster, and

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Elizabeth Costello recover their costs of suit in accordance with the Local Rules

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and Federal Rule of Civil Procedure 54.

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DATED

September 30, 2013

Honorable Christina A. Snyder
United States District Court Judge

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Proposed Judgment