Michael Bailey v. City of Tustin et al

Filing 34

JUDGMENT by Judge James V. Selna: IT IS ORDERED AND ADJUDGED that Plaintiff Michael Bailey take nothing by way of his complaint, that judgment be entered in favor of Defendants City of Tustin, the City of Tustin Police Department and Tustin Police Officer Brian Stroud and that said Defendants recover their costs. (MD JS-6, Case Terminated). (lwag)

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1 2 3 4 5 6 WOODRUFF, SPRADLIN & SMART, APC CAROLINE A. BYRNE – State Bar No. 196541 cbyrne@wss-law.com 555 Anton Boulevard, Suite 1200 Costa Mesa, California 92626-7670 Telephone: (714) 558-7000 Facsimile: (714) 835-7787 JS-6 Attorneys for Defendants CITY OF TUSTIN, CITY OF TUSTIN erroneously sued as CITY OF TUSTIN POLICE DEPARTMENT and TUSTIN POLICE OFFICER STROUD 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 ATTORNEYS AT LAW COSTA MESA CASE NO: SACV14-01630 JVS (GJSx) MICHAEL BAILEY, 12 WOODRUFF, SPRADLIN & SMART 11 Plaintiff, 13 v. 14 BEFORE THE HONORABLE JAMES V. SELNA CITY OF TUSTIN; CITY OF TUSTIN POLICE DEPARTMENT; TUSTIN POLICE OFFICER STROUD; and DOES 1 through 25, 15 16 JUDGMENT Type: Date: Time: Courtroom: Type: Date: Time: Courtroom: Defendants. 17 18 Pre-Trial Conference January 4, 2016 11:00 a.m. 10C Trial January 19, 2016 8:30 a.m. 10C 19 20 21 The Court having granted the motion for summary judgment of Defendants 22 CITY OF TUSTIN, the CITY OF TUSTIN POLICE DEPARTMENT, and TUSTIN 23 POLICE OFFICER BRIAN STROUD as to the second and fourth counts of the 24 operative complaint, and Plaintiff MICHAEL BAILEY having agreed in his 25 opposition to that motion to the dismissal of the first and third counts of the operative 26 complaint, and no other claims remaining, 27 IT IS ORDERED AND ADJUDGED that Plaintiff MICHAEL BAILEY take 28 nothing by way of his complaint, that judgment be entered in favor of Defendants 1126213.1 1 1 CITY OF TUSTIN, the CITY OF TUSTIN POLICE DEPARTMENT, and TUSTIN 2 POLICE OFFICER BRIAN STROUD, and that said Defendants recover their costs. 3 4 5 6 DATED: December 01, 2015 HONORABLE JAMES V. SELNA UNITED STATES DISTRICT JUDGE 7 8 9 10 11 ATTORNEYS AT LAW COSTA MESA WOODRUFF, SPRADLIN & SMART 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1126213.1 2 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF ORANGE 3 I am over the age of 18 and not a party to the within action; I am employed by WOODRUFF, SPRADLIN & SMART, a Professional Corporation, in the County of Orange at 555 Anton Boulevard, Suite 1200, Costa Mesa, California 92626-7670. 4 5 6 On November 17, 2015 I served the foregoing document(s) described as [PROPOSED] JUDGMENT 7  8  9  (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.  (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.  (BY PERSONAL SERVICE) I delivered such envelope(s) by hand to the offices of the addressee(s).  24 (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. 25 Executed on November 17, 2015 at Costa Mesa, California. 10 11 ATTORNEYS AT LAW COSTA MESA 12 WOODRUFF, SPRADLIN & SMART by placing the true copies thereof enclosed in sealed envelopes addressed as stated on the attached mailing list; by placing  the original  a true copy thereof enclosed in sealed envelopes addressed as follows: 13 14 15 16 17 18 19 20 21 22 23 26 s/ Marina M. Ortega MARINA M. ORTEGA 27 28 1126213.1 1 1 MICHAEL BAILEY v. CITY OF TUSTIN, et al. 2 BEFORE THE HONORABLE JAMES V. SELNA COURTROOM 10C 3 4 USDC, CENTRAL DISTRICT OF CALIFORNIA CASE NO. SACV14-01630 JVS (GJSx) 5 SERVICE LIST 6 7 8 9 Attorneys for Plaintiff MICHAEL BAILEY Joel W. Baruch, Esq. Corey A. Hall, Esq. Law Offices of Joel W. Baruch, PC 2020 Main Street, Suite 900 Irvine, CA 92614 Telephone: (949) 864-9662 Facsimile: (949) 851-3185 10 11 ATTORNEYS AT LAW COSTA MESA WOODRUFF, SPRADLIN & SMART 12 10/29/14 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1126213.1 2

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