Dickerson v. City of Oakland et al

Filing 41

ORDER GRANTING 40 Stipulation FOR DISMISSAL. Signed by Judge JEFFREY S. WHITE on 10/12/1. (jjoS, COURT STAFF) (Filed on 10/12/2011)

Case3:10-cv-00435-JSW Document40

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Filed10/11/11 Page1 of 3

JOHN L. BURRIS, Esq./ State Bar # 69888
LAW OFFICES OF JOHN L. BURRIS
7677 Oakport Street, Suite 1120
Oakland, CA 94621
Telephone: [phone]
Facsimile: [phone]
GAYLA B. LIBET, Esq./ State Bar # 109173
LAW OFFICES OF GAYLA B. LIBET
486 41st Street, Suite 3
Oakland, CA 94609
Telephone and Facsimile: [phone]
Attorneys for Plaintiff DESMOND J. DICKERSON

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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Action No. C 3:10-cv-00435-JSW (JSC)

DESMOND J. DICKERSON,
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STIPULATION FOR DISMISSAL AND
ORDER

Plaintiff,
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vs.
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CITY OF OAKLAND, a municipal
corporation; WAYNE G. TUCKER, in his
capacity as Chief of Police for CITY OF
OAKLAND; JASON MITCHELL,
JOSEPH FOREMAN, and JOSEPH FONG,
individually, and in their capacity as police
officers for CITY OF OAKLAND; and,
DOES 1-25, inclusive
Defendants.

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On September 2, 1011, the parties reached a tentative settlement agreement

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in this case before the Honorable Magistrate Judge Jacqueline Scott Corley. The

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agreement is subject only to the final approval of the Oakland City Council.

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Accordingly, It is hereby stipulated and agreed by and between the parties in

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consultation with their respective attorneys, and by their attorneys, that this case be

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1
STIPULATION FOR DISMISSAL AND ORDER

No. C-10-00435-JSW (JSC)

Case3:10-cv-00435-JSW Document40

Filed10/11/11 Page2 of 3

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dismissed in its entirety with prejudice; provided, however, that if any party hereto

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shall certify to this Court, within ninety (90) days, with proof of service of a copy

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thereon to opposing counsel, that the agreed consideration for said settlement has

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not been delivered over, the foregoing shall Order shall stand vacated and this case

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shall forthwith be restored to the calendar to be set for trial.

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LAW OFFICES OF GAYLA B. LIBET

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Dated: October 6, 2011

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By: /s/

Gayla B. Libet

GAYLA B. LIBET, Esq.
Attorneys for Plaintiff

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LAW OFFICES OF JOHN L. BURRIS

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Dated: October 6, 2011

By: /s/ John L. Burris
JOHN L. BURRIS, Esq.
Attorneys for Plaintiff

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OAKLAND CITY ATTORNEY’S OFFICE
WILLIAM E. SIMMONS, Supervising City Attorney
ARLENE ROSEN, Senior Deputy City Attorney

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Dated: October 11, 2011

By:

/s/ Arlene Rosen
ARLENE ROSEN, Esq.
Attorneys for Defendants

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STIPULATION FOR DISMISSAL AND ORDER

No. C-10-00435-JSW (JSC)

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ORDER

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PURSUANT TO STIPULATION, the above captioned case is dismissed in its

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entirety with prejudice; provided, however, that if any party hereto shall certify to this

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Court, within ninety (90) days, with proof of service of a copy thereon to opposing

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counsel, that the agreed consideration for said settlement has not been delivered

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over, the foregoing Order shall stand vacated and this case shall forthwith be

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restored to the calendar to be set for trial.

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IT IS SO ORDERED.

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Dated:

October 12, 2011
HONORABLE JEFFREY S. WHITE
United States District Court Judge

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STIPULATION FOR DISMISSAL AND ORDER

No. C-10-00435-JSW (JSC)