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)
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
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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HARVEY HOLCOMB,
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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,
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Defendants.
Trial: August 8, 2017
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STIPULATION AND PROPOSED ORDER REGARDING COSTS AND APPEAL [13-cv-01102-AWI-SKO]
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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:
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1.
The Court entered Judgment in favor of the Defendants on August 21, 2017. (See
8 Doc No. 192, the “Judgment”)
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2.
The Defendants filed their Bill of Costs on September 6, 2017. (See Doc. No. 194,
10 the “Costs”)
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3.
Plaintiff has a right to appeal the Judgment before the Court of Appeals.
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4.
Holcomb seeks to have the City and the other named Defendants in this action
13 waive their costs and attorneys’ fees.
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5.
City seeks to have Holcomb agree not to appeal the jury verdict or any other
15 matters related to this case.
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WHEREFORE, the parties hereby stipulate and agree as follows:
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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.
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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.
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IT IS SO STIPULATED.
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STIPULATION AND PROPOSED ORDER REGARDING COSTS AND APPEAL [13-cv-01102-AWI-SKO]
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DATED: September 20, 2017
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MEYERS, NAVE, RIBACK, SILVER & WILSON
By:
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/S/ Blake P. Loebs
Blake P. Loebs
Attorneys for Defendants
JERRY RAMAR, BEN KROUTIL, and JOSEPH
BOTTOMS
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DATED: September 20, 2017
LAW OFFICES OF ANTHONY BOSKOVICH
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By:
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/S/ Anthony Boskovich
Anthony Boskovich
Attorney for Plaintiff
HARVEY HOLCOMB
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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.
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[PROPOSED] ORDER
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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.
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19 IT IS SO ORDERED.
20 Dated: September 21, 2017
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SENIOR DISTRICT JUDGE
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STIPULATION AND PROPOSED ORDER REGARDING COSTS AND APPEAL [13-cv-01102-AWI-SKO]
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