Wagner et al v. City of Stockton Police Department, et al

Filing 20

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 4/30/15: Plaintiff's claims against Defendant City of Stockton, and Blair Ulring are hereby dismissed with prejudice. (Kaminski, H)

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Che L. Hashim, Esq. (SBN 238565)
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861 Bryant Street
San Francisco, CA 94103
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Tel: [phone]
Fax: 7
415/431-1312
Email: [e-mail]
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Attorney for Plaintiffs
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THOMAS WAGNER
TAMMY WAGNER
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Ted Daniel Wood (SBN 191768)
Office of the City Attorney
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City of Stockton
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425 North El Dorado Street
Stockton, CA 95202-1977
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Tel: [phone]
Fax: [phone]
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Attorney for Defendants
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THOMAS WAGNER
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TAMMY WAGNER,
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Plaintiffs,
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Case No. 2:11-cv-02490-TLN-EFB

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vs.
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CITY OF STOCKTON, a municipal
corporation; BLAIR ULRING, in his
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capacity of chief of police for CITY OF
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STOCKTON; MARK BERG (Stockton
Police Department Star #0486); JEFFERY
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TACAZON (Stockton Police Department
Star28
#1395); MICHELLE GUTHRIE
(Stockton Police Department Star #1524);

STIPULATION AND ORDER OF
DISMISSAL OF ENTIRE ACTION WITH
PREJUDICE AS TO: DEFENDANTS
CITY OF STOCKTON AND BLAIR
ULRING

Defendants.

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Case No. 2:11-cv-02490-TLN-EFB
STIPULATION AND ORDER OF DISMISSAL OF ENTIRE ACTION WITH PREJUDICE AS TO: DEFENDANTS
CITY OF STOCKTON AND BLAIR ULRING

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On July 2, 2012 a Notice of Automatic Stay pursuant to 11 U.S.C. § 362(a) was filed

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following the CIty of Stockton’s entrance into a Chapter 9 bankruptcy proceeding (Case No

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2012-32118) in the United States Bankruptcy Court for the Eastern District of California.

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On April 15, 2015 this matter was stayed pending the conclusion of of the City of
Stockton’s bankruptcy proceeding.

effective date of February 25, 2015.

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against the City of Stockton, and Defendant Blair Ulring were discharged pursuant to the

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confirmed Plan of Adjustment.
Plaintiffs have agreed to dismiss this entire action as to the City of Stockton, and

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Defendant Blair Ulring in exchange for an agreement by the City of Stockton to waive their

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right to recover litigation costs for the dismissed causes of action.
IT IS THEREFORE STIPULATED by and between all parties to this stipulation, by and

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through their respective attorneys that plaintiffs’ entire case shall be dismissed with prejudice

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as to the City of Stockton, and Defendant Blair Ulring.
IT IS THEREFORE STIPULATED by and between all parties to this stipulation, by and

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through their respective attorneys that the City of Stockton, and Defendant Blair Ulring agree

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to waive their right to recover litigation costs for the dismissed causes of action.

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Dated: April 15, 2015

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Plaintiffs did not file a Proof of Claim in the Bankruptcy Court and therefore claims

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On February 4, 2015, the Bankruptcy Court entered its Confirmation Order with an

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Respectfully Submitted,

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/s/ Che L. Hashim
Che L. Hashim
Attorney for Plaintiffs
THOMAS WAGNER, TAMMY WAGNER

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Case No. 2:11-cv-02490-TLN-EFB
STIPULATION AND ORDER OF DISMISSAL OF ENTIRE ACTION WITH PREJUDICE AS TO: DEFENDANTS
CITY OF STOCKTON AND BLAIR ULRING

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Dated: April 15, 2015
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Respectfully Submitted,
/s/Ted Daniel Wood
Ted Daniel Wood
Attorney for Defendants
CITY OF STOCKTON, BLAIR ULRING

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ORDER

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The Court, having considered the foregoing stipulation of the parties, and good cause
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appearing therefor, the Court hereby orders that all of plaintiff’s claims against Defendant City
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of Stockton, and Blair Ulring are hereby dismissed with prejudice. The Court further orders
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that, by stipulation, the Defendants City of Stockton and Blair Ulring hereby waive recovery of
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costs of litigation as tot he dismissed claims for relief.
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Dated: April 30, 2015
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Troy L. Nunley
United States District Judge

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Case No. 2:11-cv-02490-TLN-EFB
STIPULATION AND ORDER OF DISMISSAL OF ENTIRE ACTION WITH PREJUDICE AS TO: DEFENDANTS
CITY OF STOCKTON AND BLAIR ULRING