Shadd et al v. County Sacramento et al

Filing 86

ORDER signed by Chief Judge Morrison C. England, Jr. on 4/9/2015 GRANTING 83 Stipulation for Dismissal; DISMISSING the four consolidated cases. CASE CLOSED. (Michel, G.)

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Mark E. Merin (State Bar No. 043849)
Paul H. Masuhara (State Bar No. 289805)
LAW OFFICE OF MARK E. MERIN
1010 F Street, Suite 300
Sacramento, California 95814
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]
[e-mail]
Attorneys for Plaintiffs
MARVIN SHADD, ORLINDO MYLES, CARL C. RANDOLPH, VERNON TIDWELL, JOSEPH
ANTHONY NUÑEZ, GAGE QUINONES, TYLER COSTA, MARQUISE ZEIGLER, RENEE
DELGADO, ROBERT REMEL, ANGELO MARTINEZ, STEPHEN BAUMANN, TONY JIMENEZ,
SAGE LOPEZ, MELOSHA FIELDS, MELVIN FIELDS, DALE GROSSER, GUILLERMO RICHARD
RUIZ, TRAVIS FORD, ALICIA KAFKA, QUIONA LIM, EMMANUEL RODRIGUEZ, ERIN
CRAWFORD, and BILLY NELSON
A PROFESSIONAL CORPORATION
Derek J. Haynes, SBN 264621
350 University Ave., Suite 200
Sacramento, California 95825
TEL: [phone]
FAX: [phone]
Attorneys for Defendants
COUNTY OF SACRAMENTO and VERNE SPEIRS
RIVERA & ASSOCIATES
2180 Harvard Street, Suite 310
Sacramento, California 95815
Tel: [phone] Fax: [phone]
Jesse M. Rivera, SBN 84259
Jonathan B. Paul, SBN 215884
Jill B. Nathan, SBN 186136
Attorneys for Defendants
JAMES TERRELL, JOSE CERVANTES, RONALD PARKER, MARCOS DIAZ, DARLISHA
WILBON, JOSEPH KURYLLO, ADAM FRAZIER, CARLOS SMITH, JAVIER ARROYO, SEAN
HACKETT, MICHAEL OCAMPO, ANDREW YOUNG, FRANCISCO RECINOS, CARL BALLS, and
RONALD EARP
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION
MARVIN SHADD, et al.

Consolidated Case No. 2:12-cv-002834-MCE-KJN

Plaintiffs,

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JOINT REQUEST FOR ORDER GRANTING
STIPULATION FOR DISMISSAL; ORDER
THEREON

vs.
COUNTY OF SACRAMENTO, et al.,

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Defendants.

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JOINT REQUEST FOR ORDER GRANTING STIPULATION FOR DISMISSAL;ORDER THEREON
Shadd v. County of Sacramento; U.S. District Court, Eastern District of California, Consolidated Case No. 2:12-cv-002834-MCE-KJN

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TYLER COSTA, et al.

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Plaintiffs,

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JOINT REQUEST FOR ORDER GRANTING
STIPULATION FOR DISMISSAL; ORDER
THEREON

vs.
COUNTY OF SACRAMENTO, et al.,
Defendants.
MELOSHA FIELDS, et al.

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Consolidated Case No. 2:12-cv-002834-MCE-KJN

Consolidated Case No. 2:12-cv-002834-MCE-KJN

Plaintiffs,
COUNTY OF SACRAMENTO, et al.,

JOINT REQUEST FOR ORDER GRANTING
STIPULATION FOR DISMISSAL; ORDER
THEREON

Defendants.
TRAVIS FORD, et al.

Consolidated Case No. 2:12-cv-002834-MCE-KJN

vs.

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Plaintiffs,

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JOINT REQUEST FOR ORDER GRANTING
STIPULATION FOR DISMISSAL; ORDER
THEREON

vs.
COUNTY OF SACRAMENTO, et al.,

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Defendants.
On January 28, 2015, counsel for all parties to this litigation, which consists of four consolidated

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actions, convened for a day-long mediation before the Honorable Raul A. Ramirez (ret.). Terms of a

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settlement agreement and release were successfully negotiated through the mediation; however, the

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settlement was contingent upon the County of Sacramento Board of Supervisor’s approval and plaintiffs’

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counsel obtaining the signatures and releases of all plaintiffs to these consolidated actions.

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On February 24, 2015, the County of Sacramento Board of Supervisors approved the terms of the
parties’ negotiated settlement.

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During the months of February and March, plaintiffs’ counsel searched for and located the several

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plaintiffs to these actions, including some plaintiffs who resided or were incarcerated out-of-state, for the

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purpose of obtaining their consent to the terms of the negotiated settlement.

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On April 3, 2015, the terms of the contingent settlement agreement between the parties were

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satisfied, and the settlement agreement was entered. A stipulation for dismissal was drafted and

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distributed to all parties’ counsel for permission to sign and file.

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On April 5, 2015, plaintiffs’ counsel obtained permission to file, and did file, a stipulation for
dismissal of these four consolidated actions, pursuant to the terms of the negotiated settlement and

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JOINT REQUEST FOR ORDER GRANTING STIPULATION FOR DISMISSAL;ORDER THEREON
Shadd v. County of Sacramento; U.S. District Court, Eastern District of California, Consolidated Case No. 2:12-cv-002834-MCE-KJN

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Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (See ECF Doc. 83.)
Because all claims have been resolved through the settlement agreement, the parties respectfully

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request that this Court order the parties’ stipulation for dismissal effective and close this matter.

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Dated: April 8, 2015

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/s/ Mark E. Merin
By: __________________________________
Mark E. Merin

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Attorney for Plaintiffs
MARVIN SHADD, ORLINDO MYLES, CARL C.
RANDOLPH, VERNON TIDWELL, JOSEPH
ANTHONY NUÑEZ, GAGE QUINONES, TYLER
COSTA, MARQUISE ZEIGLER, RENEE
DELGADO, ROBERT REMEL, ANGELO
MARTINEZ, STEPHEN BAUMANN, TONY
JIMENEZ, SAGE LOPEZ, MELOSHA FIELDS,
MELVIN FIELDS, DALE GROSSER, GUILLERMO
RICHARD RUIZ, TRAVIS FORD, ALICIA KAFKA,
QUIONA LIM, EMMANUEL RODRIGUEZ, ERIN
CRAWFORD, and BILLY NELSON

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Respectfully Submitted,
LAW OFFICE OF MARK E. MERIN

Dated: April 8, 2015

Respectfully Submitted,

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/s/ Derek J. Haynes
(as authorized on April 8, 2015)
By: __________________________________
Derek J. Haynes

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Attorney for Defendants
COUNTY OF SACRAMENTO and VERNE SPEIRS

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Dated: April 8, 2015

Respectfully Submitted,
RIVERA & ASSOCIATES
/s/ Jesse M. Rivera
(as authorized on April 8, 2015)
By: __________________________________
Jesse M. Rivera
Attorney for Defendants
JAMES TERRELL, JOSE CERVANTES, RONALD
PARKER, MARCOS DIAZ, DARLISHA WILBON,
JOSEPH KURYLLO, ADAM FRAZIER, CARLOS
SMITH, JAVIER ARROYO, SEAN HACKETT,
MICHAEL OCAMPO, ANDREW YOUNG,
FRANCISCO RECINOS, CARL BALLS, and
RONALD EARP
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JOINT REQUEST FOR ORDER GRANTING STIPULATION FOR DISMISSAL;ORDER THEREON
Shadd v. County of Sacramento; U.S. District Court, Eastern District of California, Consolidated Case No. 2:12-cv-002834-MCE-KJN

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ORDER
GOOD CAUSE APPEARING, and in accordance with the foregoing stipulation of the parties, the

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Court hereby GRANTS the parties’ stipulation for dismissal, filed with this Court on April 6, 2015, and

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further ORDERS that these four consolidated cases be dismisssed. The Clerk of Court is ordered to close

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the file.

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IT IS SO ORDERED.
Dated: April 9, 2015

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JOINT REQUEST FOR ORDER GRANTING STIPULATION FOR DISMISSAL;ORDER THEREON
Shadd v. County of Sacramento; U.S. District Court, Eastern District of California, Consolidated Case No. 2:12-cv-002834-MCE-KJN