Canas et al v. City of Sunnyvale et al

Filing 167

STIPULATION AND ORDER of Dismissal with Prejudice of the Entire Action. Signed by Judge Thelton E. Henderson on 11/05/2012. (tmi, COURT STAFF) (Filed on 11/5/2012)

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Gregory M. Fox, State Bar No. 070876
Meaghan Snyder, State Bar No. 279392
BERTRAND, FOX & ELLIOT
The Waterfront Building
2749 Hyde Street
San Francisco, California 94109
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendants
CITY OF SUNNYVALE,
CHRIS SEARLE and DARREN PANG
James Roberts, State Bar No. 98804
Sharmi Shah, State Bar No. 233110
ROBERTS & ELLIOTT, LLP
150 Almaden Blvd., Suite 950
San Jose, CA 95113
Tel: [phone]
Fax: [phone]
Russell A. Robinson, State Bar No. 163937
Law Office of Russell A. Robinson
345 Grove Street, 1st Floor
San Francisco CA 94102
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiffs
ERIKA CANAS, JOSE CANAS
and JESUS CANAS

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UNITED STATE DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ERIKA CANAS, JOSE CANAS, a minor, by
and through his guardian ad litem, and JESUS
CANAS, by and through his guardian ad litem,
Plaintiffs,
vs.

Case No.: C08-05771 TEH
STIPULATION OF DISMISSAL WITH
PREJUDICE OF THE ENIRE ACTION ;
[Proposed] ORDER
FRCP 41(a)(1)A(ii)

CITY OF SUNNYVALE, CHRIS SEARLE,
DARREN PANG and DOES ONE through
TWENTY-FIVE,
Defendants.

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STIPULATION OF DISMISSAL WITH PREJUDICE
[Proposed] ORDER

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THE PARTIES HERETO, THROUGH COUNSEL, STIPULATE AS FOLLOWS:

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Judgment was entered in favor of Defendants City of Sunnyvale, Chris Searle and

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Darren Pang and against Plaintiffs on October 2, 2012, after trial by Jury in which the
jury's verdict was unanimous and in favor of Defendants City of Sunnyvale, Chris Searle

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and Darren Pang and against Plaintiffs. Defendants filed their bill of costs on October 16,

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2012, and Plaintiffs filed their objections thereto on October 30, 2012. Defendants have
agreed to waive their cost bill in return for Plaintiffs' dismissal with prejudice of the entire
action and waiver of any appeal, each side to bear their own fees and costs. The parties
further agree to dismiss and waive any and all claims arising from the lawsuit.
The parties therefore agree and stipulate for an Order of Dismissal of the Entire
Action with Prejudice as to all parties and all causes of action, and a waiver by plaintiffs of
any and all appeals. Defendants will waive their cost bill. Each side to bear its own fees
and costs.

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The parties further agree to release each other from all claims arising out of or

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related in any way to the death of Jose Francisco Canas on September 12, 2007. Each

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party understands and waives all rights or benefits under the terms of Section 1542 of the

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Civil Code of the State of California, or any successor of statute thereto, which reads as

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follows:

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“A general release does not extend to the claims which the creditor does not know
or suspect to exist in his favor at the time of executing the release, which if known
by him must have materially affected his settlement with the debtor.”

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Plaintiffs hereby surrender and relinquish all post-trial remedies and rights available

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to them, including but not limited to right of appeal. Defendants hereby surrender and
relinquish all post-trial remedies and rights available to them, including but not limited to
right to seek costs.

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STIPULATION OF DISMISSAL WITH PREJUDICE
[Proposed] ORDER

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Each side shall bear its own costs and fees.

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Date:

November 1, 2012

/s/ Russell A. Robinson
By:
Russell A. Robinson
Co-Counsel for Plaintiffs
ERIKA CANAS, minor JOSE CANAS, and minor
JESUS CANAS

Date:

November 1, 2012

/s/ Gregory M. Fox
By:
Gregory M. Fox
Counsel for Defendants
DARREN PANG, CHRISTOPHER SEARLE, and
CITY OF SUNNYVALE

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ORDER

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Pursuant to stipulation and good cause appearing, it is hereby ordered as follows:

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This matter shall be and is hereby dismissed with prejudice, as to all parties and all

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causes of action.

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The parties are released from all claims arising out of or related in any way to the
death of Jose Francisco Canas on September 12, 2007.

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Plaintiffs waive and shall not appeal the Judgment entered October 2, 2012 and any

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fees.

_______________________________
HONORABLE THELTON E. HENDERSON
UNITED STATES DISTRICToCOURT
n
enders
NORTHERN Thelton E. H OF CALIFORNIA
DISTRICT
Judge

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November __, 2012

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Date:

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IT IS SO ORDERED.

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S DISTRICT
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Judgment. Defendants waive their costs of suit. Each side shall bear its own costs and

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other order of the court including the Order Granting in Part and Denying in Part Summary

UNIT
ED

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N

F
D IS T IC T O
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STIPULATION OF DISMISSAL WITH PREJUDICE
[Proposed] ORDER

C