Arden v. Kastell et al

Filing 155

TRIAL STIPULATIONS. Signed by Judge Nathanael Cousins on 10/20/2014. (lmh, COURT STAFF) (Filed on 10/20/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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11 GARY ARDEN,
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Case No. 10-cv-00436 NC
Plaintiff,

TRIAL STIPULATIONS

v.

14 FRANK KASTELL,
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Defendant.

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The parties agree that the following facts are established and may be considered as

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1. Gary Arden was an employee of Smarte Carte on February 2 and 3, 2009.

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2. The videos (Trial Exhibits 4 and 5) were recorded on February 2 and 3, 2009,

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by San Francisco International Airport or the San Francisco Police

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Department, but not the San Mateo County Sheriff's Office.

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3. Frank Kastell wrote a police report, Trial Exhibit 1 ("Kastell's Report").

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4. Kastell's Report was an investigative report prepared by a peace officer for his

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employer, the San Mateo County Sheriff's Office.

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5. Kastell's Report was sent to the San Mateo County District Attorney.

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6. It is the policy of the San Mateo District Attorney's Office that all Deputy

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District Attorneys shall only prosecute cases for which the Deputy District
Case No. 10-cv-00436 NC
ORDER TO REMEDY DEFICIENCY

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Attorn will be able to prov beyond a reasonabl doubt tha the defend
ney
ve
le
at
dant

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comm
mitted the crime alleged This poli applies to all crimi prosecu
d.
icy
inal
utions

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handle by the Sa Mateo District Atto
ed
an
D
orney's Office includin the matte of
ng
er

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People v. Arden, Case No. NM 383977 (the "Cri
e
N
7A
iminal Acti
ion").

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7. Gary Arden incur
A
rred attorne fees and costs in th defense o the Crim
ey's
d
he
of
minal

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Action in the amo
n
ount of $42
2,369.66, an the jury s
nd
shall be inst
tructed that in the
t

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event they award attorney's fees as an e
d
element of d
damages, th is the am
hat
mount

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which Gary Arde would be awarded.
h
en
e

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IT IS SO OR
T
RDERED.

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0

Date: Octobe 20, 2014
er

__________
__________
____
____
Nath
hanael M. C
Cousins
Unit States M
ted
Magistrate J
Judge

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Case No. 07-cv-0448 NC
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SECOND BENCH TRIAL
D
T

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