I.F. et al v. City of Vallejo et al

Filing 65

ORDER signed by District Judge John A. Mendez on 8/4/2020. United States Magistrate Judge Laurel Beeler shall exercise jurisdiction over this matter for all purposes concerning settlement, including resolution of the motions to approve minors' compromises, and enforcing any settlement. All dates in this matter will be vacated and a conditional dismissal will be set for 90 days to permit the parties to execute appropriate settlement releases and documents, to permit the court to hear and decide motions to approve the minors' compromises, and for Defendants to issue checks. (Mena-Sanchez, L)

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MICHAEL J. HADDAD (State Bar No. 189114)
JULIA SHERWIN (State Bar No. 189268)
TERESA ALLEN (State Bar No. 264865)
HADDAD & SHERWIN LLP
505 Seventeenth Street
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff I.F.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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I.F., by and through her guardian ad litem
SHASTA SKINNER, individually and as
successor-in-interest to Decedent
RONELL FOSTER; R.F., by and through
his guardian ad litem SHENA BATTEN,
individually and as successor-in-interest to
Decedent RONELL FOSTER; PAULA
MCGOWAN, individually; and RONELL
FOSTER, SR., individually.

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Plaintiffs,

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vs.

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CITY OF VALLEJO, a municipal
corporation; RYAN MCMAHON,
individually and in his official capacity as
a Police Officer for the CITY OF
VALLEJO; and DOES 1-50, inclusive.

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Defendants.

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CAND No: 20-mc-80075-LB
CAED No: 2:18-cv-00673-JAM-CKD
NOTICE OF CONDITIONAL
SETTLEMENT AND STIPULATION
BETWEEN PLAINTIFFS AND THE
CITY OF VALLEJO, AND ORDER,
FOR MAGISTRATE JUDGE LAUREL
BEELER’S EXERCISE OF
JURISDICTION TO RESOLVE
REMAINDER OF CASE

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Case No. 2:18-cv-00673-JAM-CKD: NOTICE OF SETTLMENT AND STIP AND (PROPOSED) ORDER FOR MAGISTRATE
JURISDICTION

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[Plaintiffs’ Statement preceeding stipulation]: TO THE COURT AND PARTIES, please take

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notice that the parties have reached a conditional settlement agreement, discussed below. All Plaintiffs

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and the City of Vallejo have further stipulated to Magistrate Judge Laurel Beeler to exercise jurisdiction

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to resolve the minors’ compromises and enforce the settlement, as set forth below. The City of Vallejo

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and its risk management authority will be paying all settlement funds. Bruce Kilday, counsel for
Defendant Ryan McMahon, has not responded to multiple requests to respond to this stipulation.

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STIPULATION BETWEEN ALL PLAINTIFFS AND DEFENDANT CITY OF VALLEJO
The parties participated in a settlement conference before Magistrate Judge Laurel Beeler on July

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21, 2020, and have continued settlement discussions. The parties have reached an agreement to settle this

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matter, subject to approval by the California Joint Powers Risk Management Board of Directors. To

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conserve the time and resources of this Court, the parties hereby consent that Judge Beeler shall exercise

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jurisdiction to resolve the forthcoming motions to approve minors’ compromises for the minor Plaintiffs,
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and to enforce the settlement, and the parties hereby consent to Magistrate Judge Beeler’s exercise of

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jurisdiction over this matter for all purposes related to the settlement. If the settlement is not approved,

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the case will revert back to the jurisdiction of Judge John A. Mendez for remaining proceedings, including

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trial. Judge Beeler has agreed to accept jurisdiction of this matter for settlement and post-settlement

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matters, to conserve the time and resources of this Court. The parties request that all dates in this matter

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be vacated and the Court issue a 90-day conditional dismissal, to permit the parties to execute appropriate

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settlement releases and documents, to permit Judge Beeler to hear and decide the motions to approve
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minor’s compromises, and for Defendants to issue settlement checks. If the matter is not resolved, Judge
Beeler shall remand the matter back to the jurisdiction of Judge A. Mendez for further proceedings.

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No: 2:18-cv-00673-JAM-CKD: NOTICE OF SETTLEMENT AND STIP AND (PROPOSED) ORDER FOR MAGISTRATE
JURISDICTION

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DATED: July 30, 2020

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HADDAD & SHERWIN LLP

/s/ Julia Sherwin
JULIA SHERWIN
Attorneys for Plaintiff I.F.

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DATED: July 30, 2020

LAW OFFICE OF JOHN L. BURRIS

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__/s/ John L. Burris_______________
JOHN L. BURRIS
Attorney for Plaintiffs, R.F.,
PAULA MCGOWAN,
and RONELL FOSTER, SR.

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.

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DATED: July 30, 2020

POINTER & BUELNA LLP

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__/s/ Adante D. Pointer__ _________
ADANTE D. POINTER
PATRICK BUELNA
Attorney for Plaintiffs, R.F.,
PAULA MCGOWAN,
and RONELL FOSTER, SR.

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DATED: August 3, 2020

ALLEN, GLAESSNER, HAZELWOOD, WERTH
/s/ Dale L. Allen, Jr.______________
DALE L. ALLEN, JR.
JOHN ROBINSON
Attorneys for Defendants City of Vallejo

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No: 2:18-cv-00673-JAM-CKD: NOTICE OF SETTLEMENT AND STIP AND (PROPOSED) ORDER FOR MAGISTRATE
JURISDICTION

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ORDER
Based on the Plaintiffs’ and City of Vallejo’s stipulation, and with good cause appearing therefore,

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IT IS SO ORDERED. United States Magistrate Judge Laurel Beeler shall exercise jurisdiction over this
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matter for all purposes concerning settlement, including resolution of the motions to approve minors’

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compromises, and enforcing any settlement. All dates in this matter will be vacated and a conditional

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dismissal will be set for 90 days to permit the parties to execute appropriate settlement releases and

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documents, to permit the court to hear and decide motions to approve the minors’ compromises, and for

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Defendants to issue checks.

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DATED: August 4, 2020

/s/ John A. Mendez____________

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HON. JOHN A. MENDEZ
United States District Court Judge

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No: 2:18-cv-00673-JAM-CKD: NOTICE OF SETTLEMENT AND STIP AND (PROPOSED) ORDER FOR MAGISTRATE
JURISDICTION

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