Holcomb v. Ramar et al

Filing 196

STIPULATION and ORDER REGARDING COSTS AND APPEAL, signed by District Judge Anthony W. Ishii on 9/21/2017. (Kusamura, W)

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Adam U. Lindgren, City Attorney (SBN: 177476) 1 CITY OF MODESTO 2 1010 10th Street, Suite 6300 PO BOX 642 3 Modesto, CA 95353 Telephone: (209) 577-5284 4 Facsimile: (209) 544-8260 5 Blake P. Loebs (SBN: 145790) 6 bloebs@meyersnave.com Robert S. Moutrie (SBN: 295250) 7 rmoutrie@meyersnave.com MEYERS, NAVE, RIBACK, SILVER & WILSON 8 555 12th Street, Suite 1500 Oakland, CA 94607 9 Telephone: (510) 808-2000 10 Facsimile: (510) 444-1108 11 Attorneys for Defendants JERRY RAMAR, BEN KROUTIL, and JOSEPH BOTTOMS 12 13 UNITED STATES DISTRICT COURT 14 EASTERN DISTRICT OF CALIFORNIA 15 16 HARVEY HOLCOMB, 17 18 Case No: 13-cv-01102-AWI-SKO Plaintiff, STIPULATION AND PROPOSED ORDER REGARDING COSTS AND APPEAL v. 19 JERRY RAMAR, a Modesto police officer; OFFICER KROUTIL, a Modesto police officer; 20 OFFICER COX, a Modesto police officer; OFFICER BOTTOMS, a Modesto police 21 officer; OFFICER CICCARELLI, a Modesto police officer; J. CHANDLER, a Modesto 22 police officer; JOHN DOE and RICHARD ROE, Modesto police officers, the true names 23 and exact numbers of whom are unknown at this time; CITY OF MODESTO, a municipal 24 corporation, 25 Defendants. Trial: August 8, 2017 26 27 28 STIPULATION AND PROPOSED ORDER REGARDING COSTS AND APPEAL [13-cv-01102-AWI-SKO] 1 2 STIPULATION Plaintiff, HARVEY HOLCOMB (“Holcomb” or “Plaintiff”), and Defendants JERRY 3 RAMAR, OFFICERS KROUTIL, COX, BOTTOMS, CICCARELLI, DOE, and CITY OF 4 MODESTO (“City”, or collectively, “Defendants”) by and through their respective counsel of 5 record, hereby stipulate to the terms and conditions of this stipulation and jointly request that the 6 court enter the attached Order: 7 1. The Court entered Judgment in favor of the Defendants on August 21, 2017. (See 8 Doc No. 192, the “Judgment”) 9 2. The Defendants filed their Bill of Costs on September 6, 2017. (See Doc. No. 194, 10 the “Costs”) 11 3. Plaintiff has a right to appeal the Judgment before the Court of Appeals. 12 4. Holcomb seeks to have the City and the other named Defendants in this action 13 waive their costs and attorneys’ fees. 14 5. City seeks to have Holcomb agree not to appeal the jury verdict or any other 15 matters related to this case. 16 WHEREFORE, the parties hereby stipulate and agree as follows: 17 1. The City Defendants waive the Costs identified in its Bill of Costs and waive any 18 right they might have to attorneys’ fees in this matter. 19 2. Holcomb agrees to waive his right to all appealable any and all issues arising in and 20 from this action, including but not limited to any appeals based on the jury trial or Judgment. 21 IT IS SO STIPULATED. 22 23 24 25 26 27 28 1 STIPULATION AND PROPOSED ORDER REGARDING COSTS AND APPEAL [13-cv-01102-AWI-SKO] 1 DATED: September 20, 2017 2 MEYERS, NAVE, RIBACK, SILVER & WILSON By: 3 4 5 /S/ Blake P. Loebs Blake P. Loebs Attorneys for Defendants JERRY RAMAR, BEN KROUTIL, and JOSEPH BOTTOMS 6 DATED: September 20, 2017 LAW OFFICES OF ANTHONY BOSKOVICH 7 8 By: 9 10 /S/ Anthony Boskovich Anthony Boskovich Attorney for Plaintiff HARVEY HOLCOMB 11 12 13 Attestation of Concurrence in the Filing The filer, Blake P. Loebs, attests that all other signatories listed on whose behalf this filing 14 is submitted concur in the filing’s content and have authorized the filing. 15 [PROPOSED] ORDER 16 IT IS HEREBY ORDERED that, upon good cause being shown as set forth in the 17 stipulation of legal counsel above, the Court hereby adopts the stipulation. 18 19 IT IS SO ORDERED. 20 Dated: September 21, 2017 21 SENIOR DISTRICT JUDGE 22 23 24 25 26 27 28 2 STIPULATION AND PROPOSED ORDER REGARDING COSTS AND APPEAL [13-cv-01102-AWI-SKO]

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