Meyer et al v. City of Clearlake et al

Filing 59

ORDER re 58 Stipulation, filed by Todd Miller, Judy Thein, Curt Giambruno, Joseph Rodd, City of Clearlake, Scott Spivey, Carl Miller, Roy Simons, Janine Lowe, Sargent Rhodes, Lee Lambert, Allan McLain, Chuck Leonard. Signed by Chief Magistrate Judge MARIA-ELENA JAMES on 3/26/10. (bjt, COURT STAFF) (Filed on 3/26/2010)

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DALE L. ALLEN, JR., # 145279 MARK F. HAZELWOOD, # 136521 DIRK D. LARSEN, # 246028 LOW, BALL & LYNCH 505 Montgomery Street, 7th Floor San Francisco, California 94111-2584 Telephone [phone] Facsimile [phone] Attorneys for Defendants CITY OF CLEARLAKE, ALLAN McLAIN, LEE LAMBERT, JANINE LOWE, SCOTT SPIVEY, CURT GIAMBRUNO, CHUCK LEONARD, JUDY THEIN, ROY SIMONS, TODD MILLER, CARL MILLER, RODD JOSEPH, AND BRETT RHODES

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

GRANT MEYER AND MARILYN MEYER,

) ) Plaintiffs, ) ) vs. ) ) CITY OF CLEARLAKE, ALLAN McLAIN, LEE ) LAMBERT, JANINE LOWE, SCOTT SPIVEY, ) CURT GIAMBRUNO, CHUCK LEONARD, JUDY ) THEIN, ROY SIMONS, TODD MILLER, CARL ) MILLER, JOSEPH ROOD, SARGENT RHODES, ) PACIFIC GAS & ELECTRIC, AND ALL ) AMERICAN TOWING, ) ) Defendants. ) ) )

Case No. 3:08-cv-04372 MEJ STIPULATION AND [PROPOSED] ORDER TO STAY ALL PROCEEDINGS

WHEREAS, the parties to the above-captioned action have reached an agreement in principle for full and final settlement of the action, which agreement needs to be reduced to writing; and WHEREAS, the terms of said agreement are to be recorded in a consent decree that the parties are presently preparing; The parties, by and through their respective counsel, hereby stipulate that all proceedings in the action, including but not limited to defendants' motion for summary judgment and the trial, be stayed pending the execution of said consent decree and the full performance of the terms thereof, and the -1STIPULATION AND [PROPOSED] ORDER TO STAY ALL PROCEEDINGS
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parties hereby request that the Court enter an order pursuant to their stipulation. SO STIPULATED.

Dated: March 25, 2010. LOW, BALL & LYNCH

By

s/ Dirk D. Larsen DALE L. ALLEN, JR. MARK F. HAZELWOOD DIRK D. LARSEN Attorneys for Defendants CITY OF CLEARLAKE, ALLAN McLAIN, LEE LAMBERT, JANINE LOWE, SCOTT SPIVEY, CURT GIAMBRUNO, CHUCK LEONARD, JUDY THEIN, ROY SIMONS, TODD MILLER, CARL MILLER, RODD JOSEPH, AND BRETT RHODES

Dated: March 25, 2010. By s/ Frear Stephen Schmid FREAR STEPHEN SCHMID Attorney for Plaintiffs GRANT MEYER AND MARILYN MEYER

[PROPOSED] ORDER Pursuant to the stipulation of the parties herein, it is HEREBY ORDERED that all proceedings in the above-captioned action are stayed pending the execution of the consent decree to be prepared by the parties and the full performance of the terms thereof. IT IS SO ORDERED. That all dates are hereby vacated and all proceedings are stayed.

Dated: March 26, 2010

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HON. MARIA-ELENA JAMES U.S. MAGISTRATE JUDGE

-2STIPULATION AND [PROPOSED] ORDER TO STAY ALL PROCEEDINGS
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