Miller v. Schmitz et al

Filing 44

PARTIAL JUDGMENT Pursuant to Stipulation in Favor of Plaintiff Isaac Miller and Against Defendant Ronald Silva, signed by District Judge Lawrence J. O'Neill on 4/22/13: This Court ENTERS partial judgment pursuant to the parties' stipulation. The Clerk is directed not to close this action. (Hellings, J)

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KEVIN G. LITTLE, SBN 149818
ATTORNEY AT LAW

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1099 E. Champlain Drive, Suite A-124
Fresno, California 93720
Telephone: [phone]
Email: [e-mail]

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Attorney for Plaintiff Isaac Miller
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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ISAAC MILLER,
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Plaintiff,
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v.
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HANFORD POLICE OFFICER STEVE
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S C H M I T Z ; C I T Y O F H A N F O R D ,)
CALIFORNIA; RONALD SILVA,
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Defendants.
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RONALD SILVA,
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Counter-Claimant,
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v.
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ISAAC MILLER; ROES 1-20,
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Counter-Defendants.
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____________________________________)

No. 12-CV-F-00137 LJO SAB
PARTIAL JUDGMENT PURSUANT
TO STIPULATION IN FAVOR OF
PLAINTIFF ISAAC MILLER AND
AGAINST DEFENDANT RONALD
SILVA

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In accordance with the April 15, 2013 in-court stipulation between plaintiff Isaac Miller
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and defendant Ronald Silva, it is hereby ordered, adjudged and decreed as follows:
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1.

Judgment is hereby entered in favor of plaintiff Isaac Miller on his complaint

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(Docket No. 1) against defendant Ronald Silva, and in favor of counter-defendant Isaac Miller
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PARTIAL JUDGMENT

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on counter-claimant Ronald Silva’s counterclaim (Docket No. 7-1);
2.

Defendant Ronald Silva shall pay to plaintiff Isaac Miller the total sum of

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$35,000, with $15,000 of that total amount due and payable on April 15, 2013, and the

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remaining $20,000 due and payable no later than April 25, 2013;

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3.

Counter-claimant Ronald Silva shall take nothing against counter-defendant

Isaac Miller;
4.

Promptly upon receipt of the total sum payable pursuant to paragraph 2, plaintiff

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Isaac Miller shall inform the Court of defendant Ronald Silva’s compliance and shall file a

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satisfaction of judgment reflecting said compliance;

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5.

This judgment will not be subject to recordation or registration prior to April 25,

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2013, or thereafter if defendant Ronald Silva has fulfilled the payment obligations set forth in

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paragraph 2;

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6.

This Court retains jurisdiction for purposes of enforcement of this judgment and

to entertain other related ancillary matters;
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Pursuant to Federal Rule of Civil Procedure 54(b), the Court finds no just reason

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to delay the entry of this judgment, which resolves less than all claims against all parties in this

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proceeding.

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Approved as to form:
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/s/ Kevin G. Little
Kevin G. Little
Attorney for Plaintiff Isaac Miller

/s/ Michael R. Johnson
Michael R. Johnson
Griswold, LaSalle, Cobb, Dowd & Ginn, LLP
Attorneys for Defendant Ronald Silva

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PARTIAL JUDGMENT

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PARTIAL JUDGMENT

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This Court ENTERS partial judgment pursuant to the parties’ above stipulation. The clerk is
directed not to close this action.

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IT IS SO ORDERED.
Dated:

April 22, 2013

/s/ Lawrence J. O'Neill
66h44d
UNITED STATES DISTRICT JUDGE

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PARTIAL JUDGMENT

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