Smith v. City of Stockton et al

Filing 71

STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 6/21/17 ORDERING the Joint Stipulation to Dismiss Plaintiff's Second Claim for Relief and Dismiss Chief of Police Eric Jones in his official capacity as a Defendant is GRANTED and all parties shall comply with its provisions.(Becknal, R)

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Lori Rifkin, Esq. [S.B. # 244081]
HADSELL STORMER & RENICK LLP
4300 Horton Street, #15
Emeryville, CA 94608
Telephone: [phone]/Facsimile: [phone]
Email: [e-mail]
Dan Stormer, Esq. [S.B.#101967]
Brian Olney, Esq. [S.B. # 298089]
HANDSELL STORMER &RENICK LLP
128 N. Fair Oaks Ave.
Pasadena, CA 91103
Telephone: [phone]/Facsimile: [phone]
Emails: [e-mail]
[e-mail]
Attorneys for Plaintiff
DANA A. SUNTAG, State Bar Number: 125127
JOSHUA J. STEVES, State Bar Number: 238105
HERUM CRABTREE SUNTAG
A California Professional Corporation
5757 Pacific Avenue, Suite 222
Stockton, CA 95207
Telephone: [phone]/Facsimile: [phone]
[e-mail]
Attorneys for All Defendants
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION
Nathaniel Smith,

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Plaintiff,
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vs.
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City of Stockton: Officer Patrick Mayer,
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Officer Robin Harrison, and Officer Michael )
Perez, in their individual capacities; and chief )
of Police Eric Jones, in his official and
)
individual capacities,
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Defendants.
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Case No.: 2:15-cv-00363-KJM-AC
[Assigned to the Honorable Kimberly J.
Mueller-Courtroom 3]
JOINT STIPULATION & ORDER TO
DISMISS PLAINTIFF’S SECOND CLAIM
FOR RELIEF AND DISMISS CHIEF OF
POLICE ERIC JONES IN HIS OFFICIAL
CAPACITY
Complaint filed:
Discovery Cut-Off:
Motion Cut-Off:
Trial Date:

February 12, 2015
May 26, 2017
July 14, 2017
TBC

________________________

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JOINT STIPULATION TO DISMISS PLAINTIFF’S SECOND CLAIM FOR RELIEF AND DISMISS CHIEF OF POLICE
ERIC JONES IN HIS OFFICIAL CAPACITY; ORDER

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Plaintiff NATHANIEL SMITH and Defendants CITY OF STOCKTON, OFFICER

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ROBIN HARRISON, OFFICER PATRICK MAYER, OFFICER MICHAEL PEREZ, and

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CHIEF OF POLICE ERIC JONES (also hereinafter collectively referred to as “Defendants”), by

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and through their undersigned counsel of record, and subject to the approval of the Court, hereby

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stipulate as follows:

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Defendants are presently planning on submitting a motion for summary judgment, or in
the alternative, summary adjudication as to Plaintiff’s claims in this action. Pursuant to Judge
Mueller’s standing civil order, the parties met and conferred regarding Defendants’ intended

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motion as required. The parties hereby agree to the following two items:
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1) Plaintiff’s second claim for relief, for intentionally and/or recklessly provoking a
confrontation, against Officers Mayer and Perez (premised on 42 U.S.C. § 1983, the
4th and 14th Amendments), is no longer a viable claim for relief in light of the recent
United States Supreme Court decision in County of Los Angeles, California, et al. v.

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Mendez, et al., 518 U.S. _______ (2017), 2017 U.S. LEXIS 3396 (May 30, 2017).

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Accordingly, Plaintiff hereby agrees to dismiss his second claim for relief with

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prejudice.

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2) Plaintiff has named both the City of Stockton and Chief of Police Eric Jones in his

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official capacity as Defendants in this suit. Plaintiff’s counsel agrees, pursuant to

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controlling case law, that both cannot be named as Defendants in this action, and

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hereby agrees to dismiss Chief Jones, in his official capacity only, from the action

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with prejudice. (Chief Jones is also named in his individual capacity as a Defendant,

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and Plaintiff’s claims against Chief Jones in his individual capacity will be addressed

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in Defendants’ motion.)

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JOINT STIPULATION TO DISMISS PLAINTIFF’S SECOND CLAIM FOR RELIEF AND DISMISS CHIEF OF POLICE
ERIC JONES IN HIS OFFICIAL CAPACITY; ORDER

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Respectfully Submitted,
Dated: June 12, 2017

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HADSELL STORMER & RENICK LLP
By:

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/s/ - Lori Rifki
Lori Rifkin
Attorney for Plaintiff

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Dated: June 12, 2017

HERUM\CRABTREE\SUNTAG

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By: /s/ - Joshua J. Stevens
Joshua J. Stevens
Attorney for All Defendants

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JOINT STIPULATION TO DISMISS PLAINTIFF’S SECOND CLAIM FOR RELIEF AND DISMISS CHIEF OF POLICE
ERIC JONES IN HIS OFFICIAL CAPACITY; ORDER

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ORDER

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The Court, having considered the parties’ stipulation, and good cause appearing, the Joint

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Stipulation to Dismiss Plaintiff’s Second Claim for Relief and Dismiss Chief of Police Eric Jones

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in his official capacity as a Defendant is GRANTED and all parties shall comply with its

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provisions.

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IT IS SO ORDERED.
DATED: June 21, 2017.

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UNITED STATES DISTRICT JUDGE

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JOINT STIPULATION TO DISMISS PLAINTIFF’S SECOND CLAIM FOR RELIEF AND DISMISS CHIEF OF POLICE
ERIC JONES IN HIS OFFICIAL CAPACITY; ORDER