Bates et al v. San Francisco Sheriff's Department Chief et al

Filing 131

ORDER DISMISSING CASE, JUDGMENT. Signed by Judge Illston on 2/5/09. (ts, COURT STAFF) (Filed on 2/6/2009)

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Case 3:05-cv-03383-SI Document 130 Filed 02/04/2009 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BEN ROSENFELD, State Bar # 203845 DENNIS CUNNINGHAM, State Bar #112910 Law Office of Dennis Cunningham 115 Bartlett Street San Francisco, CA 94110 Tel: (415) 285-8091 Fax: (415) 285-8092 Attorneys for Plaintiffs DENNIS J. HERRERA, State Bar #139669 City Attorney JOANNE HOEPER, State Bar #114961 Chief Trial Attorney BLAKE P. LOEBS, State Bar #145790 MEREDITH B. OSBORN, State Bar #250467 Deputy City Attorneys 1390 Market Street, 6th Floor San Francisco, California 94102-5408 Telephone: (415) 554-3868 Telephone: (415) 554-3982 Facsimile: (415) 554-3837 Attorneys for Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JESSICA BATES, et al., Plaintiff, v. CITY AND COUNTY OF SAN FRANCISCO, et al., Defendants. Case No. C-05-3383-SI [JOINT PROPOSED] JUDGMENT JUDGMENT Bates, et al. v. CCSF, et al., No. C-05-3383-SI Case 3:05-cv-03383-SI Document 130 Filed 02/04/2009 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to the Court's summary judgment order of March 26, 2008 (Doc #113), and the Court's clarifying order of April 7, 2008 (Doc #114), and the parties' settlement of the thenremaining claims, the Court hereby dismisses all of plaintiffs' claims and enters judgment in favor of defendants and against plaintiffs in this case. The parties stipulate, pursuant to a separate settlement agreement which they reached, that plaintiff Christopher Scheets' whole case, and each of his claims, are dismissed with prejudice, each side to bear its own costs and fees with respect to plaintiff Scheets, and that Mr. Scheets may not appeal this dismissal. The parties further stipulate, pursuant to a separate settlement agreement which they reached, that the claims of plaintiffs Jeremy Spafford and Jonathan Stribling-Uss which survived summary judgment are dismissed with prejudice, each side to bear its own costs and fees with respect to plaintiffs Spafford and Stribling-Uss, and that Mr. Spafford and Mr. Stribling-Uss may not appeal the dismissal of those claims which had survived summary judgment. Through this stipulation, the parties do not intend in any way to affect the plaintiffs' right to appeal, other than as noted above. IT IS SO STIPULATED. Dated: February 4, 2009 DENNIS CUNNINGHAM BEN ROSENFELD By: /s/ - Ben Rosenfeld BEN ROSENFELD Attorneys for Plaintiffs 1 JUDGMENT Bates, et al. v. CCSF, et al., No. C-05-3383-SI Case 3:05-cv-03383-SI Document 130 Filed 02/04/2009 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: February 4, 2009 DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Deputy BLAKE P. LOEBS MEREDITH B. OSBORN Deputy City Attorneys By: /s/ - Blake P. Loebs BLAKE P. LOEBS Attorneys for Defendants PURSUANT TO STIPULATION, IT IS SO ORDERED: Dated:_______________________ _________________________________ HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT JUDGE 2 JUDGMENT Bates, et al. v. CCSF, et al., No. C-05-3383-SI

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