Holland v. City of San Francisco et al

Filing 60

STIPULATION AND ORDER for (1) PLAINTIFF'S FILING OF A FIRST AMENDED COMPLAINT; and (2) DISMISSAL OF DEFENDANT SFPD OFFICER JOSHUA HINDS. Motions terminated re: 56 MOTION to Amend. Defendant Officer Hinds Terminated. Signed by Judge Thelton E. Henderson on 05/02/2012. (tmi, COURT STAFF) (Filed on 5/3/2012)

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DENNIS J. HERRERA, State Bar #139669
City Attorney
JOANNE HOEPER, State Bar #114961
Chief Trial Attorney
KIMBERLY A. BLISS, State Bar #207857
Deputy City Attorney
DUNCAN CARLING, State Bar #262387
Deputy City Attorney
Fox Plaza
1390 Market Street, 6th Floor
San Francisco, California 94102-5408
Telephone: [phone] (Bliss)
Telephone:
[phone] (Carling)
Facsimile:
[phone]
E-Mail:
[e-mail]
E-Mail:
[e-mail]
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO,
HEATHER FONG, JOHN BURKE, DAN MCDONAGH
MATHEW NEVES, OFFICER HINDS AND MICHAEL HENNESSEY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ELICIA R. HOLLAND,
Plaintiff,
vs.
CITY OF SAN FRANCISCO; COUNTY OF
SAN FRANCISCO; CHIEF OF SAN
FRANCISCO POLICE HEATHER FONG;
SFPD OFFICER JOHN BURKE; SFPD
OFFICER DAN MCDONAGH; SFPD
OFFICER MATHEW NEVES; SFPD
OFFICER HINDS; SAN FRANCISCO
COUNTY SHERIFF MICHAEL
HENNESSEY, AND DOES 1 through 100,
inclusive,

Case No. CV10-2603 TEH
STIPULATION AND [PROPOSED] ORDER
REGARDING:
1) PLAINTIFF'S FILING OF A FIRST
AMENDED COMPLAINT; AND
2) DISMISSAL OF DEFENDANT SFPD
OFFICER JOSHUA HINDS

Defendants.

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Stipulation and Order Re Dismissal of Hinds and Filing
of Amended Complaint; Case No. CV10-2603 TEH

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

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GOOD CAUSE APPEARING, the parties stipulate, though their attorneys of record, to the

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entry of an order as follows:
1.

The operative Complaint in this case was filed on June 14, 2010. It alleges fifteen

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causes of action and names as defendants the City and County of San Francisco; Chief of San

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Francisco Police Heather Fong; SFPD Officer John Burke; SFPD Officer Dan McDonagh; SFPD

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Officer Mathew Neves; SFPD Officer Hinds; San Francisco Sheriff Michael Hennessy and Does 1-50

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and 51-100.

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2.

The Plaintiff dismisses all claims against Joshua Hinds in exchange for defendant

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Hinds, and the City and County of San Francisco on behalf of Hinds, waiving recovery of costs and

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fees incurred in connection with the defense of this lawsuit on behalf of defendant Hinds.

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3.

Plaintiff may file an Amended Complaint in the form attached hereto as Exhibit A. The

First Amended Complaint makes the following changes:

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(a) substitutes SFPD Officer Philip Papale for Doe 1;

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(b) substitutes SFSD Deputy Barnes for Doe 51;

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(c) pursuant to the Court's order dismissing such claims, removes defendants City and

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County of San Francisco and Sheriff Hennessy from the strip search claims in

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causes of action 8-15; and,
(d) removes all references to defendant Hinds from the complaint pursuant to this

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stipulation that he be dismissed.

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Stipulation and Order Re Dismissal of Hinds and Filing
of Amended Complaint; Case No. CV10-2603 TEH

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4.

The Court's approval of this Stipulation and Order will moot Plaintiff's pending Motion

to Amend the complaint, which is set for hearing on June 4, 2012 at 10:00 a.m.

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IT IS SO STIPULATED.
DENNIS J. HERRERA
City Attorney
JOANNE HOEPER
Chief Trial Deputy
KIMBERLY A. BLISS
DUNCAN CARLING
Deputy City Attorneys

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By: _/s/ Kimberly A. Bliss____________
Kimberly A. Bliss
Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO

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LAW OFFICES OF GERI LYNN GREEN, LC
By: /s/ Geri Lynn Green________________________
GERI LYNN GREEN
Attorneys for Plaintiff ELECIA HOLLAND
*Pursuant to GO 45, the electronic signatory has obtained approval
from this signatory.

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Stipulation and Order Re Dismissal of Hinds and Filing
of Amended Complaint; Case No. CV10-2603 TEH

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ORDER

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Based on the foregoing stipulation and good cause appearing, IT IS SO ORDERED.

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____________________________________
HONORABLE THELTON E. HENDERSON
UNITED STATES DISTRICT JUDGE
FO

05/02/2012
Dated: ________________

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Stipulation and Order Re Dismissal of Hinds and Filing
of Amended Complaint; Case No. CV10-2603 TEH

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