Jaime Reyes Jr. et al v. Fresno et al

Filing 148

STIPULATION and ORDER RESOLVING and WITHDRAWING 134 Plaintiffs' Motion to Compel Documents Responsive to Plaintiffs' Request for Production No. 7 Concerning Defendant Avila's Financial Condition Related to Plaintiffs' Pun itive Damages Claims. The Court hereby GRANTS the parties' request. Defendant Avila shall produce the financial condition information identified in this Order, to the extent it exists, within twenty-one (21) days of this Order. The hearing on Plaintiffs' "Motion to Compel Documents Responsive to Plaintiffs' Request for Production No. 7 Concerning Defendant Juan Avila's Financial Condition Related to Plaintiffs' Punitive Damages Claims" (Doc. 134), currently set for October 19, 2016, is hereby VACATED. Order signed by Magistrate Judge Sheila K. Oberto on 10/11/2016. (Timken, A)

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1 2 3 4 5 6 7 MICHAEL J. HADDAD (State Bar No. 189114) JULIA SHERWIN (State Bar No. 189268) T. KENNEDY HELM (State Bar No. 282319) MAYA SORENSEN (State Bar No. 250722) HADDAD & SHERWIN LLP 505 Seventeenth Street Oakland, CA 94612 Telephone: (510) 452-5500 Facsimile: (510) 452-5510 Attorneys for Plaintiffs JAIME REYES JR., MIRELLA REYES and JAIME REYES SR. 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 13 14 JAIME REYES JR., THROUGH HIS SUCCESSORS IN INTEREST MIRELLA REYES and JAIME REYES SR.; MIRELLA REYES, Individually; and JAIME REYES SR., Individually, 15 Plaintiffs, 16 vs. 17 18 19 20 21 CITY OF FRESNO, a public entity, CITY OF FRESNO POLICE CHIEF JERRY DYER, FRESNO POLICE OFFICER JUAN AVILA, FRESNO POLICE OFFICER MIGUEL ALVAREZ, individually, and DOES 3 through 10, Jointly and Severally, 22 23 24 25 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 1:13-cv-00418-DAD-SKO STIPULATION AND ORDER RESOLVING AND WITHDRAWING PLAINTIFFS’ MOTION TO COMPEL DOCUMENTS RESPONSIVE TO PLAINTIFFS’ REQUEST FOR PRODUCTION NO. 7 CONCERNING DEFENDANT AVILA’S FINANCIAL CONDITION RELATED TO PLAINTIFFS’ PUNITIVE DAMAGES CLAIMS (DOC. 134) 26 27 28 Case No. 1:13-cv-00418-DAD-SKO: STIP. AND ORDER RE: PUNITIVE DAMAGES 1 1 All parties stipulate, by and through their respective counsel, to resolve Plaintiffs’ motion 2 to compel documents concerning Defendant Avila’s financial condition (Doc. 134), as follows: 3 Defendant Avila will produce the following financial information, to the extent it exists, 4 5 6 7 8 9 10 11 12 13 and to be treated as confidential pursuant to the Protective Order, from January 1, 2014, to September 30, 2016: • • • • • • • • • • Monthly bank statements Monthly mortgage statements Monthly wage, salary, and disability retirement benefit statements Statements of monthly income from any other source Monthly credit card statements Monthly car notes Documentation of all expenses over $500 Documentation of all gifts and/or loans given or received over $500 at any time during the relevant period Mortgage or loan applications submitted during the relevant period Face pages for Mr. Avila’s Federal tax returns for 2014 and 2015, showing gross and net income, and taxes paid The documents will be produced within twenty-one days of the Court’s entry of this 14 Stipulation and Order. Plaintiffs hereby agree to withdraw their motion to compel Defendant 15 Avila’s financial information (Doc. 134). 16 17 Dated: October 7, 2016 HADDAD & SHERWIN LLP 18 /s/ Julia Sherwin 19 JULIA SHERWIN Attorneys for Plaintiffs 20 21 22 23 24 25 26 Dated: October 7, 2016 FERGUSON, PRAET & SHERMAN /s/ Bruce D. Praet BRUCE D. PRAET Attorneys for Defendants City of Fresno, City of Fresno Police Chief Jerry Dyer, City of Fresno Police Officer Miguel Alvarez 27 28 Case No. 1:13-cv-00418-DAD-SKO: STIP. AND ORDER RE: PUNITIVE DAMAGES 2 1 2 Dated: October 7, 2016 HAIGHT BROWN & BONESTEEL LLP 3 /s/ Kevin M. Osterberg 4 5 KEVIN M. OSTERBERG Attorneys for Defendant Juan Avila 6 7 8 9 * Messrs. Praet and Osterberg give their permission to file this stipulation with their electronic signatures. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 1:13-cv-00418-DAD-SKO: STIP. AND ORDER RE: PUNITIVE DAMAGES 3 1 ORDER Based on the above stipulation, the Court hereby GRANTS the parties’ request. Defendant 2 3 Avila shall produce the financial condition information identified above, to the extent it exists, 4 within twenty-one (21) days of this Order. 5 IT IS FURTHER ORDERED that the hearing on Plaintiffs’ “Motion to Compel 6 Documents Responsive to Plaintiffs’ Request for Production No. 7 Concerning Defendant Juan 7 Avila’s Financial Condition Related to Plaintiffs’ Punitive Damages Claims” (Doc. 134), currently 8 set for October 19, 2016, is hereby VACATED. 9 10 11 12 IT IS SO ORDERED. Dated: October 11, 2016 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 1:13-cv-00418-DAD-SKO: STIP. AND ORDER RE: PUNITIVE DAMAGES 4

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