Walter W. Wells et al v. County of Stanislaus et al

Filing 71

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 3/17/22 as to the settlement between plaintiffs Walter Wells and Scott McFarlane and defendant Ceres. (Kastilahn, A)

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Bradley J. Swingle, SBN 171535
Amanda J. Heitlinger, SBN 271469
ARATA, SWINGLE, VAN EGMOND & HEITLINGER
A Professional Law Corporation
1207 I Street
Post Office Box 3287
Modesto, California 95354
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
CITY OF CERES and DEREK PERRY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WALTER W. WELLS and SCOTT
MCFARLANE,

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Plaintiffs,

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vs.

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COUNTY OF STANISLAUS; CITY OF
MODESTO; CITY OF CERES;
STANISLAUS COUNTY OFFICE OF THE
DISTRICT ATTORNEY; KIRK BUNCH;
JON EVERS; DALE LINGERFELT; STEVE
JACOBSON; BIRGIT FLADAGER; COREY
BROWN; and DEREK PERRY,

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Case No: 1:20-CV-00770-TLN-BAM
Honorable Troy L. Nunley
STIPULATION RE DETERMINATION OF
GOOD FAITH SETTLEMENT OF
DEFENDANTS CITY OF CERES AND
DEREK PERRY WITH PLAINTIFFS

Defendants.
______________________________/
IT IS HEREBY STIPULATED by and between plaintiffs, WALTER W. WELLS and SCOTT
MCFARLANE (hereafter “PLAINTIFFS” when referred to collectively), defendants COUNTY OF
STANISLAUS, STANISLAUS COUNTY OFFICE OF THE DISTRICT ATTORNEY, KIRK
BUNCH, DALE LINGERFELT, STEVE JACOBSON, BIRGIT FLADAGER, and COREY
BROWN (hereafter “COUNTY”), defendant CITY OF MODESTO (hereafter “MODESTO”), and
defendant CITY OF CERES and DEREK PERRY (hereafter “CERES”), as follows:
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CERES is a defendant in this action.

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STIPULATION FOR GOOD FAITH SETTLEMENT AND ORDER THEREON - 1

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2.

CERES has reached an agreement with PLAINTIFFS to pay to them the total sum of

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$10,000.00, with WALTER W. WELLS receiving $5,000.00 and SCOTT MCFARLANE receiving

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$5,000.00, in exchange for a dismissal of PLAINTIFFS’ Claims against CERES.

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3.

PLAINTIFFS, COUNTY, MODESTO, and CERES all hereby agree and stipulate that

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the settlement between PLAINTIFFS and CERES is in good faith pursuant to California Code of

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Civil Procedure sections 877 and 877.6.

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4.

California Code of Civil Procedure section 877 et. seq. governs the determination of

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whether the settlement entered into by and between PLAINTIFFS and CERES is in good faith. A

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settling party may seek a determination that a settlement was made in good faith under California

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Code of Civil Procedure section 877.6 in federal court. Fed. Sav. &Loan Ins. Corp. v. Butler, 904

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F.2d 505, 511 (9th Cir. 1990) (holding that while the “section 877.6 procedures do not govern a

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federal action . . . the substantive provisions. . . are applicable”); Jette v. Orange Cnty., Fin., Inc., No.

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2:08-cv-01767 GEB KJM, 2010 WL 3341561, at *2 (E.D. Cal. Aug. 23, 2010); Maxwell v.

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MortgageIT, Inc., No. 1:08-CV-01329 OWW SKO, 2010 WL 2219190, at *1 (E.D. Cal. June 1,

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2010) (stating that “federal courts may enter . . . determinations” under section 877.6); Sunterra Corp.

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v. Perini Bldg. Co., No. 2:04-cv-00784 MCE EFB, 2009 WL 2136108, at *1 (E.D. Cal. July 15,

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2009) (stating that “[a] district court may properly consult the provisions of §877.6 in determining

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whether an early settlement meets the requisite good faith scrutiny”).

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Section 877.6 provides:

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(a)(1) Any party to an action in which it is alleged that two or more parties are joint
tortfeasors . . . shall be entitled to a hearing on the issue of the good faith of a
settlement entered into by the plaintiff or other claimant and one or more alleged
tortfeasors . . ., upon giving notice . . . .

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(2) In the alternative, a settling party may give notice of settlement to all parties and
to the court, together with an application for determination of good faith settlement
and a proposed order. . . .
(b) The issue of the good faith of a settlement may be determined by the court on the
basis of affidavits served with the notice of hearing, and any counteraffidavits filed in
response, or the court may, in its discretion, receive other evidence at the hearing.
(c) A determination by the court that the settlement was made in good faith shall bar
any other joint tortfeasor . . . from any further claims against the settling tortfeasor . . .

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STIPULATION FOR GOOD FAITH SETTLEMENT AND ORDER THEREON - 2

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for equitable comparative contribution, or partial or comparative indemnity, based on
comparative negligence or comparative fault.

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(d) The party asserting the lack of good faith shall have the burden of proof on that
issue.

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California Code of Civil Procedure section 877.6.

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Here, this application is unopposed and is stipulated to by all of the parties in this litigation.

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5.

Pursuant to California Code of Civil Procedure sections 877 and 877.6, all further

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Claims against CERES for equitable comparative contribution, or partial or comparative indemnity,

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shall be barred.

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DATED: March 17, 2022

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By:
/s/ Bradley J. Swingle
Bradley J. Swingle
Attorneys for Defendants
CITY OF CERES and DEREK PERRY

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DATED: March 17, 2022

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DATED: March 17, 2022

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ALLEN, GLAESSNER, HAZELWOOD & WERTH
By
/s/ Patrick D. Moriarty (authorized per email)
Patrick D. Moriarty
Attorneys for Defendants
CITY OF MODESTO, CHIEF GALEN
CARROLL and DETECTIVE JON EVERS

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MORRISON & FOERSTER LLP
By:
/s/ Arturo J. Gonzalez (authorized per email)
Arturo J. Gonzalez
Attorneys for Plaintiffs
WALTER W. WELLS and SCOTT MCFARLANE

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ARATA, SWINGLE, VAN EGMOND & HEITLINGER
A Professional Law Corporation

DATED: March 17, 2022

PORTER SCOTT, APC
By
/s/ John R. Whitefleet (authorized per email)
John R. Whitefleet
Attorneys for Defendants
COUNTY OF STANISLAUS, STANISLAUS OFFICE
OF THE DISTRICT ATTORNEY, KIRK BUNCH,
DALE LINGERFELT, STEVE JACOBSON and
BIRGIT FLADAGER

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STIPULATION FOR GOOD FAITH SETTLEMENT AND ORDER THEREON - 3

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ORDER
GOOD CAUSE HAVING BEEN SHOWN AND THE PARTIES HAVING STIPULATED

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TO THE SAME, the Court finds that the above-stated Stipulation is and shall be the Order of the

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Court. The settlement between plaintiffs WALTER J. WELLS, SCOTT MCFARLANE, and CERES

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is hereby deemed to be a good faith settlement within the meaning and effect of California Code of

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Civil Procedure sections 877 and 877.6. Any further claims of any joint tortfeasors or co-obligors

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relating to the subject matter of this lawsuit against CERES for equitable comparative contribution, or

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partial or comparative indemnity, based on comparative negligence or comparative fault are hereby

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forever barred and dismissed with prejudice pursuant to California Code of Civil Procedure section

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877.6, subdivision (c).

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IT IS SO ORDERED.

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DATED: March 17, 2022
Troy L. Nunley
United States District Judge

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STIPULATION FOR GOOD FAITH SETTLEMENT AND ORDER THEREON - 4