Barber et al v. City of Santa Rosa et al

Filing 80

ORDER RE: JOINT STIPULATION OF GOOD FAITH SETTLEMENT. The parties' stipulation to dismiss all claims against defendants County of Sonoma and James F. Kennedy is granted. Signed by Judge Maxine M. Chesney on September 14, 2010. (mmclc2, COURT STAFF) (Filed on 9/14/2010)

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Barber et al v. City of Santa Rosa et al Doc. 80 1 2 3 4 5 6 7 8 9 10 11 12 13 HANSON BRIDGETT LLP JAMES F. GEARY - 61238 ELI R. MAKUS - 234287 jgeary@hansonbridgett.com emakus@hansonbridgett.com 500 Capitol Mall, Suite 1500 Sacramento, CA 95814 Telephone: (916) 442-3333 Facsimile: (916) 442-2348 Attorneys for Defendants COUNTY OF SONOMA and TELECARE CORPORATION UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA VALERIE BARBER and ROBERT HAMILTON, individually and as Successors in Interest for JESSE HAMILTON, deceased, Plaintiffs, No. CV 08-5649 MMC JOINT STIPULATION OF GOOD FAITH SETTLEMENT [CCP 877.6] and ORDER THEREON 14 v. 15 CITY OF SANTA ROSA, et al., 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 Defendants County of Sonoma and James F. Kennedy, M.D. ("dismissed defendants") have entered into settlements with plaintiffs Valerie Barber and Robert Hamilton ("plaintiffs") wherein the plaintiffs dismiss all claims against the dismissed defendants in exchange for waivers of fees and costs. Based on the discovery in this case, dismissed defendants deny liability with respect to the claims made against them by plaintiffs. Remaining defendants City of Santa Rosa, Edwin F. Flint, Gregory Yaeger, Michael Heiser, Gregg Ayer and Telecare Corporation agree that a waiver of fees and costs in exchange for a general release and request for dismissal of this action with respect to defendants County of Sonoma and James F, Kennedy, M.D. are DEFENDANTS' JOINT STATEMENT OF GOOD FAITH SETTLEMENT 12701.6 2621272.1 Dockets.Justia.com 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 reasonable and good faith settlements for the claims made against them. Therefore remaining defendants hereby stipulate that the settlements were made in good faith in accordance with the provisions of Code of Civil Procedure Section 877.6 and waive any claims against the dismissed defendants for equitable comparative contribution, or partial or comparative indemnity. DATED: September 13, 2010 HANSON BRIDGETT LLP By: /S/ JAMES F. GEARY Attorneys for Defendants COUNTY OF SONOMA and TELECARE CORPORATION DATED: September 13, 2010 By: /S/ MATTHEW J. LEBLANC ASSISTANT CITY ATTORNEY Attorney for Defendants City of Santa Rosa; Edwin F. Flint, Gregory Yaeger, Michael Heiser and Gregg Ayer, individually and in their capacity as officers of the City of Santa Rosa DATED: September 13, 2010 ROGASKI, PREOVOLOS, WEBER & PATTERSON, LLP By: /S/ CHESTER A. ROGASKI, JR. Attorneys for Defendant JAMES F. KENNEDY, M.D. ORDER IT IS SO ORDERED. DATED: September 14, 2010 _____________________________________ Hon. Maxine M. Chesney -2- DEFENDANTS' JOINT STATEMENT OF GOOD FAITH SETTLEMENT 12701.6 2621272.1

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