Mitchell v. Felker et al

Filing 388

STIPULATION and ORDER OF DISMISSAL signed by District Judge Troy L. Nunley on 6/2/16. Plaintiff Robert Mitchell's individual claims for damages against Defendants are dismissed with prejudice from this action pursuant to the Settlement Agreement and Release between the Parties. Each side shall bear its own attorneyss' fees and costs with respect to Plaintiff's individual claims for damages. (Mena-Sanchez, L)

1 MORGAN, LEWIS & BOCKIUS LLP

GEOFFREY T. HOLTZ, SBN 191370

2 BRENDAN E. RADKE, SBN 275284

One Market, Spear Street Tower

3 San Francisco, CA 94105-1126

Tel: [phone]

4 Fax: [phone]

[e-mail]

5 [e-mail]
6 Attorneys for Plaintiff ROBERT MITCHELL
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11 ROBERT MITCHELL et al.,

Case No.: 2:08-CV-1196 TLN

12

JOINT STIPULATION OF
DISMISSAL OF ACTION WITH
PREJUDICE PURSUANT TO FRCP
41(A) and ORDER

13

Plaintiff,
vs.

14 TOM FELKER, et al.,
15

Defendants.

16
17
18

Plaintiff Robert Mitchell (“Plaintiff”) and Defendants Matthew Cate, Tom

19 Felker, F. Foulk, George Giurbino, D. Hellwig, Scott Kernan, Terri McDonald, J.
20 Owen, J. Tilton, D. Vanderville, and M. Wright (“Defendants”) (collectively, the
21 “Parties”), through their respective counsel, hereby stipulate and agree as follows,
22 pursuant to Federal Rule of Civil Procedure 41(a):
23

WHEREAS, on May 30, 2008, Plaintiff filed a complaint (“Complaint”)

24 pursuant to 42 U.S.C. §§ 1983 and 1985, alleging constitutional deprivations and
25 claims for negligence and intentional infliction of emotional distress as a result of
26 race-based lockdown policies, in the matter captioned Robert Mitchell v. T. Felker,
27 Warden, et al., Case No. 2:08-cv-01196-TLN-EFB (Dkt.# 1);
28

1
JOINT STIPULATION OF DISMISSAL OF ACTION WITH PREJUDICE

1

WHEREAS, on September 23, 2011, Plaintiff filed a Second Amended

2 Complaint that asserted class claims on behalf of inmates affected by the race3 based lockdown policies, sought injunctive relief on a class-wide basis, and sought
4 damages on an individual basis for Plaintiff (Dkt.# 84);
5

WHEREAS, on February 27, 2015, the parties filed a Stipulated Settlement

6 that resolved the class claims for injunctive relief in this action, but that did not
7 resolve Mr. Mitchell’s individual claims for damages (the “Class Settlement”)
8 (Dkt.# 332-1);
9

WHEREAS, on May 21, 2015, the Court set a jury trial date of August 8,

10 2016, to address Mr. Mitchell’s individual claims for damages (Dkt.# 343);
11

WHEREAS, the matter came before the Court for a settlement conference

12 on April 27, 2016, at which time the matter settled and the parties executed a
13 Settlement Agreement and Release (Dkt.# 386);
14

NOW THEREFORE IT IS HEREBY STIPULATED by and between

15 Plaintiff and Defendants, through their respective counsel, that Plaintiff’s
16 individual damages claims in this action, Case No. 2:08-cv-01196-TLN-EFB, be
17 and hereby are dismissed with prejudice as to the Parties, pursuant to Federal Rule
18 of Civil Procedure 41(a).
19

IT IS FURTHER STIPULATED that the Court shall retain full

20 jurisdiction to enforce the terms of this Stipulation and the Settlement Agreement
21 and Release.
22

IT IS FURTHER STIPULATED that neither this Stipulation nor the

23 Settlement Agreement and Release affects the Class Settlement in any way or
24 Plaintiff’s status as a class representative or member of the class, or terminates any
25 outstanding obligations under the Class Settlement, including any injunctive relief
26 described therein.
27
28

IT IS FURTHER STIPULATED that the Parties bear their own attorneys’
2
JOINT STIPULATION OF DISMISSAL OF ACTION WITH PREJUDICE

1 fees and costs with respect to Plaintiff’s individual damages claims in this action,
2 and this Stipulation has no effect on any fees and costs that were addressed in the
3 class settlement approved by the Court.
4 IT IS SO STIPULATED TO BY THE UNDERSIGNED:
5 Dated: June 2, 2016

MORGAN, LEWIS & BOCKIUS, LLP

6
7

By: /s/ Brendan E. Radke
Geoffrey T. Holtz
Brendan E. Radke
Attorneys for Plaintiff ROBERT
MITCHELL

8
9
10 Dated: June 2, 2016
11
12
13
14
15
16

/s/ Damon G. McClain
By: (as authorized on 5/24/2016)
Damon G. McClain
Supervising Deputy Attorney General
Attorneys for Defendants M. CATE, S.
KERNAN, T. MCDONALD, G.
GIURBINO, J. TILTON, T. FELKER, M.
WRIGHT, F. FOULK, D. VANDERVILLE,
J. OWEN, AND D. HELLWIG

17
18
19
20
21
22
23
24
25
26
27
28

3
JOINT STIPULATION OF DISMISSAL OF ACTION WITH PREJUDICE

ORDER

1
2

PURSUANT TO STIPULATION, IT IS ORDERED:

3

Plaintiff Robert Mitchell’s individual claims for damages against Defendants

4 are dismissed with prejudice from this action pursuant to the Settlement Agreement
5 and Release between the Parties. Each side shall bear its own attorneys’ fees and
6 costs with respect to Plaintiff’s individual claims for damages.
7
8 Dated: June 2, 2016
9
10
11

Troy L. Nunley
United States District Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

4
JOINT STIPULATION OF DISMISSAL OF ACTION WITH PREJUDICE