Booke v. County of Fresno et al

Filing 239

STIPULATION and ORDER WAIVING OF COSTS/MALICIOUS PROSECUTION CLAIM IN EXCHANGE FOR WAIVER OF NEW TRIAL MOTION/APPEAL, signed by District Judge Anthony W. Ishii on 3/30/2016. (Kusamura, W)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ESPERANZA BOOKE, individually
and as personal representative of the
Estate of CHARLES SALINAS;

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Plaintiff,

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vs.

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COUNTY OF FRESNO, et al.,
Defendants.

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CASE NO. 1:13-cv-00586-AWI-SAB

STIPULATION RE: WAIVER OF
COSTS/MALICIOUS
PROSECUTION CLAIM IN
EXCHANGE FOR WAIVER OF
NEW TRIAL MOTION/APPEAL
AND [PROPOSED] ORDER
Complaint Filed: April 18, 2013
Date Judgment Entered: March 1, 2016

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TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF
RECORD:
STIPULATION
1. STIPULATING PARTIES (Collectively referred to as “Parties”)
A.

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Plaintiff Esperanza Booke, as the personal representative of the Estate

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of Charles Salinas, and on behalf of the decedent, Charles Salinas, and the

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surviving heirs, George Salinas, Jennie Ruiz, Lewis Salinas and Ignacio Salinas, on

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the survival and wrongful death claims; and

92688.1

B.

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Defendants City of Sanger, Jason Boust, Preston Little, Robert

Pulkownik, and Angela Yambupah.
2. RECITALS

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WHEREAS, Plaintiff filed this action against Defendants on April 18, 2013.

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WHEREAS, the case was tried before a jury commencing on February 10,

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2016, before the Senior United States District Judge, Anthony W. Ishii.
WHEREAS, on February 25, 2016, the jury returned a verdict in favor of

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Defendants.
WHEREAS, on March 1, 2016, the Court entered judgment in favor of

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Defendants.
WHEREAS, on March 9, 2016, Defendants filed a Memorandum of Costs

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for $22,196.89.
WHEREAS, on March 16, 2016, Plaintiff filed an Objection to Defendants’

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Memorandum of Costs.

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WHEREAS, the deadline to file a motion for new trial is March 29, 2016.

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WHEREAS, the parties hereby stipulate as follows:

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3. STIPULATED TERMS
The Plaintiff and Defendants, by and through their respective counsel,

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hereby agree as follows:

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A. Defendants’ pending Memorandum of Costs is hereby withdrawn;

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B. Plaintiff, individually and as the personal representative of the Estate of

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Charles Salinas, and the heirs of the Estate of Charles Salinas, hereby

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waives her right to file a Motion for New Trial and Appeal; and

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C. Defendants, and each of them, release and waive any and all claims for

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malicious prosecution in connection with the incident alleged in the

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operative complaint and this action against Plaintiff, individually and as

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the personal representative of the Estate of Charles Salinas, and the heirs

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92688.1

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of the Estate of Charles Salinas, and their attorneys, witnesses and any

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other person affiliated with them.

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IT IS SO STIPULATED.

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Dated: March 29, 2016

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ALLEN, GLAESSNER,
HAZELWOOD & WERTH, LLP
By: /s/
DALE L. ALLEN, JR.
KEVIN P. ALLEN
Attorneys for Defendants
CITY OF SANGER, JASON BOUST,
PRESTON LITTLE, ROBERT
PULKOWNIK, and ANGELA
YAMBUPAH

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Dated: March 29, 2016

LAW OFFICE OF ROBERT
HAMPARYAN

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By: /s/
ROBERT HAMPARYAN
Attorneys for Plaintiff
ESPERANZA BOOKE, as personal
representative of the Estate of CHARLES
SALINAS

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92688.1

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ORDER

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The Court has read and considered the foregoing stipulation.

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Good cause appearing therefor, IT IS HEREBY ORDERED:
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Defendants’ Memorandum of Costs for $22,196.89 is hereby

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withdrawn.

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2.

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withdrawn.

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Plaintiff’s Objection to Defendants’ Memorandum of Costs is hereby

IT IS SO ORDERED.

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Dated: March 30, 2016
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SENIOR DISTRICT JUDGE

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92688.1