Hammond et al v. County of Contra Costa et al

Filing 76

STIPULATION AND ORDER RELEASING PERSONAL ITEMS BELONGING TO DECEDENT PAUL HAMMOND FROM THE CONTRA COST ACOUNTY SHERIFF'S OFFICE'S EVIDENCE LOCKER. Signed by Judge Joseph C. Spero on 8/2/11. (klhS, COURT STAFF) (Filed on 8/2/2011)

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GEARINGER LAW GROUP

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825 VAN NESS AVENUE, 4TH FLOOR
SAN FRANCISCO, CALIFORNIA
94109-7847

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BRIAN GEARINGER (State Bar #146125)
R. STEPHEN M. LAROE (State Bar #245269)

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THE SCOTT LAW FIRM

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1375 Sutter Street, Suite 222
SAN FRANCISCO, CALIFORNIA
94109-7837
[phone]

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JOHN HOUSTON SCOTT (State Bar #72578)
LIZABETH N. de VRIES (State Bar #227215)
Attorneys for Plaintiffs CHRISTOPHER HAMMOND,
MATTHEW HAMMOND, EMILY HAMMOND,
a minor, and LINDSEY HAMMOND, a minor

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Case No. CV 10-01454 JCS

CHRISTOPHER HAMMOND, MATTHEW
HAMMOND, individually and as Successors
in Interest for PAUL HAMMOND, decedent;
and EMILY HAMMOND, a minor, and
LINDSEY HAMMOND, a minor,
individually and as Successors in Interest for
PAUL HAMMOND, decedent, and by and
through their Guardian ad Litem, CHERYL
HAMMOND,

STIPULATION AND [PROPOSED]
ORDER RELEASING PERSONAL
ITEMS BELONGING TO DECEDENT
PAUL HAMMOND FROM THE
CONTRA COSTA COUNTY SHERIFF’S
OFFICE’S EVIDENCE LOCKER
Action Filed: April 6, 2010
Trial Date:
December 5, 2011

Plaintiffs,
v.

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COUNTY OF CONTRA COSTA, ROBERT
REICHERT, KEVIN MORRIS, SHERIFF
WARREN E. RUPF and DOES ONE to ONE
HUNDRED, inclusive.
Defendants.

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This matter has been settled in its entirety as to Defendants Kevin Morris and Robert
Reichert (ECF Dkt 71) and Plaintiffs Christopher Hammond and Matthew Hammond (ECF Dkt
STIPULATION AND [PROPOSED] ORDER RELEASING
ITEMS BELONGING TO DECEDENT PAUL HAMMOND

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U.S. DISTRICT COURT, CASE NO. CV-10-1454 JCS

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74.) The only remaining parties are Defendant County of Contra Costa and Plaintiffs Emily

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Hammond and Lindsey Hammond. The remaining parties have reached a tentative settlement

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that must be approved by the Court because Plaintiffs Emily Hammond and Lindsey Hammond

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are minors. Plaintiffs Emily Hammond and Lindsey Hammond will file a motion with this Court

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once they select the terms by which the settlement funds will be structured.

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Settling Plaintiffs Christopher Hammond and Matthew Hammond desire to obtain the

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personal belongings of their father, decedent Paul Hammond, that were in his possession at the

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time of his death. These items are as follows:

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“Personal accessories” described as “Hammond’s Reported Belongings” located at 2

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Row 13 of the Contra Costa County Sheriff’s Office’s Evidence Locker. (See document CC

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001132 produced by Defendant Contra Costa County.)

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“Bladed weapons/Kniv” described as “Hammond’s Reported Knife (Wht Box)” located

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at 2 Row 13 of the Contra Costa County Sheriff’s Office’s Evidence Locker. (See document CC

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001132 produced by Defendant Contra Costa County.)

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“Money” described as “U.S. Currency – $17.00 from Hammond’s Wallet” located at Safe

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3 of the Contra Costa County Sheriff’s Office’s Evidence Locker. (See document CC 001133

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produced by Defendant Contra Costa County.)

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IT IS HEREBY STIPULATED:

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Upon Order of this Court, Defendant Contra Costa County will release the following

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three items either to Plaintiff Christopher Hammond or Plaintiff Matthew Hammond, subject to

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the conditions set forth below:

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1.

“Personal accessories”;

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2.

“Bladed weapons/Kniv”; and

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3.

“Money.”

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Plaintiff Christopher Hammond or Plaintiff Matthew Hammond (1) must contact Deputy

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Counsel Janet L. Holmes to arrange a mutually convenient time and date to obtain the above

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items; (2) must bring a death certificate for Paul Hammond; (3) must bring a birth certificate for

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either Plaintiff Christopher Hammond or Plaintiff Matthew Hammond and (4) must bring a
STIPULATION AND [PROPOSED] ORDER RELEASING
ITEMS BELONGING TO DECEDENT PAUL HAMMOND

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U.S. DISTRICT COURT, CASE NO. CV-10-1454 JCS

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government-issued photo identification for either Plaintiff Christopher Hammond or Plaintiff

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Matthew Hammond.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: August 1, 2011

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OFFICE OF THE COUNTY COUNSEL OF CONTRA
COSTA

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By: /s/ Janet L. Holmes
Janet L. Holmes
Attorneys for Defendants
COUNTY OF CONTRA COSTA and SHERIFF
WARREN E. RUPF

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Dated: August 1, 2011

GEARINGER LAW GROUP

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By: /s/ Brian Gearinger
Brian Gearinger
Attorneys for Plaintiffs

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Dated: August 1, 2011

THE SCOTT LAW FIRM

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By: /s/ John Houston Scott
John Houston Scott
Attorneys for Plaintiffs

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S

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By:
Hon. Joseph C. Spero
ero
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United States DistrictJuCourtpMagistrate Judge
dge Jose

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Dated: August ___, 2011

UNIT
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ISTRIC
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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D IS T IC T O
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STIPULATION AND [PROPOSED] ORDER RELEASING
ITEMS BELONGING TO DECEDENT PAUL HAMMOND

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U.S. DISTRICT COURT, CASE NO. CV-10-1454 JCS