Cook, et al. v. City of Fairfield, et al.

Filing 69

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 06/05/18 ORDERING that instead of serving Rebecca Belk, Aaron Bertsch, Frank Piro, Kelly Rombach, Adam Brunie, Christopher Grimm, and Keither Pulsipher with trial subpoenas to com pel their testimony in Plaintiffs' case in chief at trial in this case, Plaintiffs may compel their attendance and testimony at trial by reasonable phone notice of 24 hours or more to Defendants' counsel. Defendant Walt Tibbet is DISMISSED with prejudice; each side to bear their own fees and costs. (Benson, A.)

1
2
3
4

JUSTIN KIRK TABAYOYON, S.B.N. 288957
LAW OFFICES OF JUSTIN KIRK TABAYOYON
1000 North Texas Street, Suite A
Fairfield, CA 94533-5661
Telephone: [phone]
Facsimile: [phone]
[e-mail]

5
6

Attorney for Plaintiffs

7
8

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

9
10
11
12
13
14
15
16
17
18
19
20
21
22

BILLY ROBERT COOK, MICHAEL JOHN
MAROULAS, and BECKY SMISEKGAGE,
Plaintiffs,
v.
CITY OF FAIRFIELD, a municipal
corporation; FORMER CITY OF
FAIRFIELD POLICE CHIEF WALT
TIBBET, in his individual and official
capacities; REBECCA BELK and AARON
BERTSCH, individually and in their official
capacities as police sergeants for the City
of Fairfield, FRANK PIRO, KELLY
ROMBACH, ADAM BRUNIE,
CHRISTOPHER GRIMM, KEITH
PULSIPHER, and DOES 1-50, individually
and in their capacities as peace officers,

Case No.: 2:15-cv-02339-KJM-KJN
STIPULATION AND ORDER RE
SUBPOENAS AND DISMISSAL OF
WALT TIBBETT
HONORABLE KIMBERLY J. MUELLER

Defendants.

23
24
25
26
27
28
1
STIPULATION AND ORDER RE SUBPOENAS AND DISMISSAL OF WALT TIBBET
Cook, et al., v City of Fairfield, et al. Case No.: 2:15-cv-02339-KJM-KJN

1

Plaintiffs Billy Robert Cook, Michael John Maroulas, and Becky Smisek-Gage, acting by

2

and through their attorney of record, and defendants City of Fairfield, Walt Tibbet, Rebecca

3

Belk, Aaron Bertsch, Frank Piro, Kelly Rombach, Adam Brunie, Christopher Grimm, and Keith

4

Pulsipher, acting by and through their attorney of record, hereby agree to the following and ask

5

the court to make their agreement a stipulation and order of the court:

6

1. Instead of serving Rebecca Belk, Aaron Bertsch, Frank Piro, Kelly Rombach, Adam

7

Brunie, Christopher Grimm, and Keither Pulsipher with trial subpoenas to compel their

8

testimony in Plaintiffs’ case in chief at trial in this case, Plaintiffs’ may compel their attendance

9

and testimony at trial by reasonable phone notice of 24 hours or more to Defendants’ counsel.

10

2. Plaintiffs agree to dismiss with prejudice Walt Tibbet as a defendant in this action. Each

11

side to bear their own fees and costs.

12

//

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
STIPULATION AND ORDER RE SUBPOENAS AND DISMISSAL OF WALT TIBBET
Cook, et al., v City of Fairfield, et al. Case No.: 2:15-cv-02339-KJM-KJN

1

Dated: 06/01/2018

2

BERTRAND, FOX, ELLIOT, OSMAN & WENZEL
By:

3

/s/ Parry Black (As authorized on 06/01/2018)
Parry Black
Attorney for Defendants

4
5

Dated: 06/01/2018

LAW OFFICES OF JUSTIN KIRK TABAYOYON

6
7

By:

8

/s/ Justin Kirk Tabayoyon
Justin Kirk Tabayoyon
Attorney for Plaintiffs

9
10
11
12
13

ELECTRONIC CASE FILING ATTESTATION
I, Justin Kirk Tabayoyon, am the ECF user whose identification and password are being
used to file the foregoing documents. Pursuant to Civil Local Rule 131(e), I hereby that
concurrence in the filing of these documents has been obtained from each of its Signatories.

14
15

Dated: 06/01/2018

16

By:

/s/ Justin Kirk Tabayoyon
Justin Kirk Tabayoyon

17
18
19

ORDER
Good cause appearing the Stipulation is SO ORDERED.

20
21

Dated: June 5, 2018.

22
23

UNITED STATES DISTRICT JUDGE

24
25
26
27
28
3
STIPULATION AND ORDER RE SUBPOENAS AND DISMISSAL OF WALT TIBBET
Cook, et al., v City of Fairfield, et al. Case No.: 2:15-cv-02339-KJM-KJN