Mitchel v. City of Santa Rosa

Filing 91

ORDER DISMISSING CASE, JUDGMENT (tf, COURT STAFF) (Filed on 7/28/2010)

Mitchel v. City of Santa Rosa

Doc. 91

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MAUREEN E. MCCLAIN, Bar No. 062050 Email: [e-mail] CONSTANCE E. NORTON, Bar No. 146365 Email: [e-mail] LITTLER MENDELSON A Professional Corporation 650 California Street 20th Floor San Francisco, CA 94108.2693 Telephone: [phone] Facsimile: 415.399.8490 Attorneys for Defendant CITY OF SANTA ROSA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JAMES A MITCHEL, Plaintiff, v. CITY OF SANTA ROSA and DOES 1 through 50, inclusive, Defendant. Case No. CV-09-5004 SI [PROPOSED] JUDGMENT IN FAVOR OF DEFENDANT CITY OF SANTA ROSA
COMPLAINT FILED: September 30, 2009

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A PROFESSIONAL CORPORATION 650 California Street 20th Floor San Francisco, CA 94108.2693 415.433.1940

LITTLER MENDELSON

Case No. CV-09-5004 SI [PROPOSED] JUDGMENT IN FAVOR OF DEFENDANT CITY OF SANTA ROSA
Dockets.Justia.com

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A PROFESSIONAL CORPORATION 650 California Street 20th Floor San Francisco, CA 94108.2693 415.433.1940

On April 26, 2010, the Motion to Dismiss Second Amended Complaint and Renewed Motion for Sanctions filed by Defendant City of Santa Rosa ("Defendant") was resolved without hearing by this Court pursuant to Civil Local Rule 7-1(b). See Docket No. 75. On July 12, 2010, pursuant to the Order Granting Defendant's Request for Attorneys' Fees, the Court granted Defendant's requests for attorneys' fees payable as sanctions against James A. Mitchel ("Plaintiff") and his attorney, Scott A. Lewis, jointly and severally, in the amount of $31,618.30. See Docket No. 85. Having determined pursuant to Federal Rule of Civil Procedure 12(b)(6) that Plaintiff's Second Amended Complaint fails to state a claim upon which relief can be granted, and having granted, in part, Defendant's renewed Motion for Sanctions, this Court HEREBY ORDERS, ADJUDGES AND DECREES that Plaintiff take nothing and that his Second Amended Complaint is DISMISSED WITH PREJUDICE. JUDGMENT IS HEREBY ENTERED in favor of Defendant. Attorneys' fees are awarded to Defendant in the total sum of $31,618.30 and shall be payable as sanctions jointly and severally by Plaintiff and his counsel, Scott A. Lewis, to be paid within sixty days of the Court's July 12, 2010 Order Granting Defendant's Request For Attorneys' Fees. Subject to filing a timely Bill of Costs, Defendant is entitled to costs allowed by law. IT IS SO ORDERED. 7/26/10 Dated: __________________________ _____________________________________ HON. SUSAN ILLSTON UNITED STATES DISTRICT COURT JUDGE

LITTLER MENDELSON

1.

Case No. CV-09-5004 SI

[PROPOSED] JUDGMENT IN FAVOR OF DEFENDANT CITY OF SANTA ROSA