Ibrahim v. Department of Homeland et al

Filing 328

STIPULATION FOR ENTRY OF JUDGMENT AND JUDGMENT PURSUANT TO RULE 68. Signed by Judge Alsup on March 15, 2010. (whalc1, COURT STAFF) (Filed on 3/15/2010)

Case3:06-cv-00545-WHA Document327

Filed03/15/10 Page1 of 5

1 JAMES McMANIS (40958) MARWA ELZANKALY (206658) 2 ELIZABETH PIPKIN (243611) CHRISTINE PEEK (234573) 3 McMANIS FAULKNER A Professional Corporation 4 50 W. San Fernando, 10th Floor San Jose, CA 95113 5 Telephone: [phone] Facsimile: [phone] 6 [e-mail] [e-mail] 7 8 Attorneys for Plaintiff, Rahinah Ibrahim 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Stipulation For Entry of Judgment; [Proposed] Judgment Case No. C 06-0545 WHA

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION RAHINAH IBRAHIM, an individual, Plaintiff, v. DEPARTMENT OF HOMELAND SECURITY, et al. Defendants. CASE NO. C06-0545 WHA STIPULATION FOR ENTRY OF JUDGMENT; [PROPOSED] JUDGMENT

Date Action Filed: January 27, 2006 Trial Date: None

Case3:06-cv-00545-WHA Document327

Filed03/15/10 Page2 of 5

1

WHEREAS, on January 27, 2006, plaintiff, Rahinah Ibrahim ("plaintiff"), filed her

2 Complaint in the above-entitled action. 3 WHEREAS, on April 2, 2009, plaintiff filed her Second Amended Complaint in the

4 above-entitled action. 5 WHEREAS, plaintiff's Second Amended Complaint named the following defendants: a)

6 the City and County of San Francisco (which includes the San Francisco Airport and the San 7 Francisco Police Department), Richard Pate, James Cunningham, and Elizabeth Maron 8 (collectively "the San Francisco Defendants"); b) John Bondanella ("Bondanella") and US 9 Investigations Services, Inc. (now known as Altegrity, Inc.) ("USIS"), based on its alleged 10 employment of Bondanella; and c) the Department of Homeland Security, Janet Napolitano, 11 Michael Chertoff, Tom Ridge, Eric H. Holder, the Terrorist Screening Center, Leonard C. Boyle, 12 Donna A. Bucella, the Federal Bureau of Investigation, Robert Mueller, Arthur M. Cummings, 13 II, the National Counterterrorism Center, Michael E. Leiter, the Department of State, and Hillary 14 Clinton (collectively "the Federal Defendants") 15 WHEREAS, on June 1, 2009, the Federal Defendants filed a motion to dismiss plaintiff's

16 Second Amended Complaint. 17 WHEREAS, on July 27, 2009, the Court issued an Order dismissing plaintiff's claims

18 against the Federal Defendants. At that time, the Court did not enter partial judgment on 19 plaintiff's claims against the Federal Defendants. 20 WHEREAS, plaintiff's remaining causes of action against the San Francisco defendants

21 are her Third Cause of Action for violation of her Fourth Amendment rights under the United 22 States Constitution and under 42 U.S.C. § 1983, her Ninth Cause of Action for interference with 23 exercise of civil rights under California Civil Code section 52.1, her Tenth Cause of Action for 24 false imprisonment, her Eleventh Cause of Action for intentional infliction of emotional distress, 25 and her Twelfth Cause of Action for negligent infliction of emotional distress. 26 WHEREAS, plaintiff's remaining causes of action against Bondanella are her Fourth

27 Cause of Action for violation of her Fourth Amendment rights under the United States 28 Constitution, her Eleventh Cause of Action for Intentional Infliction of Emotional Distress, and 1
Stipulation For Entry of Judgment; [Proposed] Judgment Case No. C 06-0545 WHA

Case3:06-cv-00545-WHA Document327

Filed03/15/10 Page3 of 5

1 her Twelfth Cause of Action for Negligent Infliction of Emotional Distress. 2 WHEREAS, plaintiff's remaining causes of action against USIS are her Eleventh Cause

3 of Action for Intentional Infliction of Emotional Distress, and her Twelfth Cause of Action for 4 Negligent Infliction of Emotional Distress. 5 WHEREAS, on March 1, 2010, the San Francisco Defendants, Bondanella and USIS

6 served plaintiff with their Offer To Compromise (attached hereto as Exhibit A) pursuant to Rule 7 68 of the Federal Rules of Civil Procedure, ("Offer to Compromise"), offering to allow entry of 8 judgment as follows: 9 10 11 12 13 14 15 a. Against the City and County of San Francisco (including San Francisco Airport and the San Francisco Police Department) in the amount of One Hundred and Seventy Five Thousand Dollars ($175,000.00.) b. Against USIS in the amount of Fifty Thousand Dollars ($50,000.00.); and c. Said judgments shall be the total amount to be paid for any liability, accrued costs and attorneys' fees, as against the San Francisco Defendants, Bondanella and USIS. WHEREAS, on March 11, 2010, plaintiff served and filed her Notice of Plaintiff's

16 Acceptance of Offer to Compromise ("Notice of Acceptance"), attached hereto as Exhibit B. 17 WHEREAS, in her Notice of Acceptance, plaintiff stated that her acceptance applies only

18 as to the defendants who made the Offer to Compromise, namely the San Francisco Defendants, 19 Bondanella and USIS. Plaintiff specifically reserved the right to pursue her claims against the 20 Federal Defendants. 21 NOW THEREFORE, plaintiff, the San Francisco Defendants, Bondanella, and USIS, by

22 and through their respective counsel, hereby stipulate as follows: 23 1. Pursuant to the Court's Order dated July 27, 2009, granting the Federal

24 Defendants' motion to dismiss, judgment shall be entered in favor of the Federal Defendants. 25 Plaintiff reserves her right to appeal the Court's Order dismissing the Federal Defendants and 26 final entry of judgment in their favor. 27 2. Pursuant to the Offer to Compromise, and the Notice of Acceptance, judgment

28 shall be entered in plaintiff's favor in the total amount of $225,000.00, as follows: 2
Stipulation For Entry of Judgment; [Proposed] Judgment Case No. C 06-0545 WHA

Case3:06-cv-00545-WHA Document327

Filed03/15/10 Page4 of 5

1

a.

against the City and County of San Francisco (which includes the San

2 Francisco Police Department and the San Francisco Airport), in the total amount of One Hundred 3 and Seventy Five Thousand Dollars ($175,000.00); and 4 5 3. b. against USIS in the total amount of Fifty Thousand Dollars ($50,000.00).

Plaintiff shall dismiss, with prejudice, her claims against Bondanella, Richard

6 Pate, James Cunningham, and Elizabeth Maron. 7 4. As among plaintiff, the San Francisco defendants, Bondanella, and USIS, all

8 parties are to bear their own costs and attorneys' fees. 9 5. Plaintiff does not release or waive any right to recover her costs or attorneys' fees

10 against the Federal Defendants. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: March 15, 2010 By: /s/ Peter Keith PETER J. KEITH, Esq. Dated: March 15, 2010 DENNIS J. HERRERA, City Attorney JOANNE HOEPER, Chief Trial Deputy RONALD P. FLYNN, Deputy City Attorney PETER J. KEITH, Deputy City Attorney Dated: March 15, 2010 McMANIS FAULKNER By: /s/ Marwa Elzankaly MARWA ELZANKALY

Attorneys for Plaintiff RAHINAH IBRAHIM

Attorney for Defendants SAN FRANCISCO AIRPORT, CITY AND COUNTY OF SAN FRANCISCO, SAN FRANCISCO POLICE DEPARTMENT, JAMES F. CUNNINGHAM, ELIZABETH MARON AND RICHARD E. PATE ARNOLD & PORTER LLP By: /s/ Sharon Douglass Mayo SHARON DOUGLASS MAYO, Esq.

Attorneys for Defendants U.S. INVESTIGATIONS SERVICES, INC. and JOHN BONDANELLA 3
Stipulation For Entry of Judgment; [Proposed] Judgment Case No. C 06-0545 WHA

Case3:06-cv-00545-WHA Document327

Filed03/15/10 Page5 of 5

1 2

[PROPOSED] JUDGMENT Pursuant to the Court's Order of July 27, 2009, and pursuant to the parties' stipulation,

3 this Court enters judgment as follows: 4 1. Pursuant to the Court's Order dated July 27, 2009, granting the motion to dismiss

5 of defendants, Department of Homeland Security, Janet Napolitano, Michael Chertoff, Tom 6 Ridge, Eric H. Holder, the Terrorist Screening Center, Leonard C. Boyle, Donna A. Bucella, the 7 Federal Bureau of Investigation, Robert Mueller, Arthur M. Cummings, II, the National 8 Counterterrorism Center, Michael E. Leiter, the Department of State, and Hillary Clinton 9 (collectively "the Federal Defendants"), judgment is hereby entered in favor of the Federal 10 Defendants. 11 2. Pursuant to the March 1, 2010, Offer to Compromise, and the March 11, 2010,

12 Notice of Acceptance, judgment is hereby entered in favor of plaintiff, Rahinah Ibrahim 13 ("plaintiff"), in the total amount of TWO HUNDRED AND TWENTY FIVE THOUSAND 14 DOLLARS ($225,000.00), as follows: 15 a. against the City and County of San Francisco (which includes the San

16 Francisco Police Department and the San Francisco Airport), in the total amount of ONE 17 HUNDRED AND SEVENTY FIVE THOUSAND DOLLARS ($175,000.00); and 18 b. against US Investigations Services, Inc. ("USIS"), in the total amount of

19 FIFTY THOUSAND DOLLARS ($50,000.00). 20 3. Plaintiff's claims against defendants, John Bondanella, ("Bondanella") Richard

21 Pate, James Cunningham, and Elizabeth Maron, are hereby dismissed with prejudice. 22 4. As among plaintiff, the City and County of San Francisco, Richard Pate, James

23 Cunningham, Elizabeth Maron, Bondanella and USIS, all parties are to bear their own costs and 24 attorneys' fees. 25 26 27 28 IT IS SO ORDERED, ADJUDGED, AND DECREED. THE FILE. IT IS SO ORDERED. THE CLERK SHALL CLOSE March 15, 2010. DATED: ________________
S
ISTRIC ES D TC AT T

RT U O

UNIT ED

4
Stipulation For Entry of Judgment; [Proposed] Judgment

C N F Case No.D I S T R I C TWHA C 06-0545 O

ER

A

LI

FO

UNITED STATES DISTRICT JUDGEWilliam Alsup ge
NO
Jud

R NIA

VED APPRO

RT

H