Gutierrez v. City of Bakersfield et al

Filing 23

JOINT STIPULATION for DISMISSAL and Determination of Good Faith Settlement; ORDER, signed by District Judge Anthony W. Ishii on 08/22/14. CASE CLOSED. (Gonzalez, R)

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THERESA A. GOLDNER, COUNTY COUNSEL
STATE OF CALIFORNIA, COUNTY OF KERN
By Andrew C. Thomson, Deputy (SBN 149057)
1115 Truxtun Avenue, Fourth Floor
Bakersfield, CA. 93301
Telephone: [phone]
Attorneys for County of Kern, Sheriff Youngblood
and all unnamed/unknown County Employees
V. James DeSimone (SBN 119668)
SCHONBRUN DESIMONE SEPLOW HARRIS & HOFFMAN LLP
723 Ocean Front Walk
Venice, CA 90291-3270
Telephone: [phone]
Attorneys for Plaintiff Justin Gutierrez
Michael G. Marderosian (SBN 77296)
Heather S. Cohen (SBN 263093)
MARDEROSIAN, CERCONE & COHEN
1260 Fulton Mall
Fresno, CA. 93721
Telephone: [phone]
Attorneys for City of Bakersfield Chief Williamson
and ten unnamed/unknown City Employees

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JUSTIN GUTIERREZ,

)
)
Plaintiff,
)
vs.
)
)
CITY OF BAKERSFIELD, CHIEF
)
GREG WILLIAMSON, 10 UNKNOWN NAMED )
EMPLOYEES OF THE CITY OF
)
BAKERSIFELD, COUNTY OF KERN,
)
SHERIFF DONNY YOUNGBLOOD, 10
)
UNKNOWN NAMED EMPLOYEES OF THE )
COUNTY OF KERN
)
)
Defendants.
)
)
)

Case No. 1:13-CV-01070-AWI-JLT
JOINT STIPULATION FOR DISMISSAL
AND DETERMINATION OF GOOD FAITH
SETTLEMENT; ORDER

Magistrate Judge Jennifer L. Thurston

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Joint Stipulation for Dismissal and Determination of Good Faith Settlement
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COME NOW, the Parties to this matter and hereby submit this Stipulation for Dismissal with

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prejudice of the entire action.

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THE PARTIES

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Plaintiff Justin Gutierrez (hereinafter “Plaintiff”) is represented by V. James DeSimone, Esq. of the

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Law Offices of Schonbrun, DeSimone, Seplow, Harris, & Hoffman LLP.

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Defendants City of Bakersfield, Chief Greg Williamson and “10 Unknown Named Employees of

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the City of Bakersfield” (hereinafter collectively “City Defendants”) are represented by Michael G.

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Marderosian, Esq. and Heather S. Cohen, Esq. of the law firm of Marderosian, Cercone & Cohen.

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Defendants County of Kern, Sheriff Donny Youngblood and “10 Unknown Named Employees of

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the County of Kern” (hereinafter collectively “County Defendants”) are represented by Andrew C.

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Thomson, Deputy, of the Office of Kern County Counsel.

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Defendants are collectively the “Parties”).

(Plaintiff, City Defendants and County

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REQUEST FOR DISMISSAL OF ENTIRE ACTION WITH PRJUDICE

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The Parties to this action, County Defendants including but not limited to County of Kern, Sheriff

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Youngblood and “10 Unknown Named Employees of the County of Kern,” City Defendants, including but

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not limited to City of Bakersfield, Chief Greg Williamson, and “10 Unknown Named Employees Of The

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City Of Bakersfield” and Plaintiff Justin Gitierrez, have agreed to the full and complete resolution of this

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matter on behalf of all Parties, with each Party to bear its own costs and attorney’s fees.

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STIPULATION FOR DISMISSAL

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The Parties hereby Stipulate to the following and request that the Court issue an Order consistent

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therewith:

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That the Court shall dismiss this entire action, with prejudice; and,

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Joint Stipulation for Dismissal and Determination of Good Faith Settlement
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That the settling parties agree to bear all of his/its/their own costs and/or attorney’s fees.

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Dated: August 18, 2014
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SCHONBRUN DESIMONE SEPLOW HARRIS &
HOFFMAN LLP

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By: /s/ V. James DeSimone
V. James DeSimone,
Attorneys for Plaintiff Justin Gutierrez

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Dated: August 18, 2014

MARDEROSIAN, CERCONE & COHEN

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By: /s/ Heather Cohen
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Michael G. Marderosian, Esq.
Heather Cohen, Esq.
Attorneys for Defendants Attorneys for City of
Bakersfield Chief Williamson and ten
unnamed/unknown City Employees

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Dated: August 21, 2014

THERESA A. GOLDNER, COUNTY COUNSEL
COUNTY OF KERN
By: /s/ Andrew C. Thomson
_
Andrew C. Thomson, Deputy
Attorneys for Defendants County of Kern and
Sheriff Youngblood and ten unnamed/unknown
County Employees

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Joint Stipulation for Dismissal and Determination of Good Faith Settlement
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ORDER

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IT IS HEREBY ORDERED:

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Pursuant to agreement between the Parties, this entire case is dismissed, with prejudice; and,

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Pursuant to agreement between the Parties, each party is to bear all of his/its/their own costs and

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attorney’s fees with respect to this litigation, and any costs and/or attorney’s fees incurred by Plaintiff in his

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action against defendants are fully and completely covered in the settlement.

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IT IS SO ORDERED.
Dated:

August 22, 2014
SENIOR DISTRICT JUDGE

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Joint Stipulation for Dismissal and Determination of Good Faith Settlement
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