Vinatieri v. Mosley et al

Filing 45

STIPULATION FOR ENTRY OF JUDGMENT AND JUDGMENT. Signed by Judge Richard Seeborg on 7/14/11. (cl, COURT STAFF) (Filed on 7/14/2011)

*E-Filed 7/14/11*

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SCOTT LAW FIRM
1388 Sutter St., Ste. 715
San Francisco, Ca 94019
415-561-9601

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JOHN HOUSTON SCOTT, State Bar #: 72578
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Attorney for Plaintiff
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JONES & DYER
A Professional Corporation
1800 J Street
Sacramento, California 95811
Telephone: [phone]
Fax: [phone]

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MARK A. JONES, State Bar #: 96494
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Attorneys for Defendants: Aaron Mosley, Craig Wong, Cory Johnson, Oscar Ortiz, and County of Napa
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BABIN & SEEGER
3550 Round Barn Blvd., Ste. 201
Santa Rosa, CA 95403
707-526-7370
707-526-0307 - Fax

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MARTIN SEEGER, State Bar #:58264
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Attorneys for Defendant: Arnold Vallerga
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PATRICK VINATIERI,

) NO. 3:10-CV-03854 RS
)
) STIPULATION FOR ENTRY OF
Plaintiff,
) JUDGMENT AND JUDGMENT
vs.
)
)
)
AARON MOSLEY, CRAIG WONG, CORY
)
JOHNSON, OSCAR ORTIZ, COUNTY OF NAPA, )
MICHAEL VALLERGA, EILEEN McMULLEN,
)
ARNOLD VALLERGA and Does 1-25, inclusive, )
)
Defendants.
)
_________________________________________ )

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The parties, by and through their counsel of record, hereby stipulate and agree as follows:
STIPULATION FOR ENTRY OF JUDGM ENT AND JUDGM ENT
H :\M A J .c a se s\V in a tie r i v . M o se ly \P le a d in g s\S tip & O r d e r r e e n try o f ju d g m e n t a n d ju d g m e n t.D r a ft 3 w p d .w p d

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1.

Plaintiff, Patrick Vinatieri, filed his First Amended Complaint on January 24, 2011.

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The complaint contained various Federal constitutional claims against all defendants, as well as

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additional State claims against defendants Michael Vallerga, Eileen McMullen and Arnold Vallerga.

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The court granted a Motion to Dismiss the First Amended Complaint filed by the County of Napa,

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Aaron Mosley, Craig Wong, Cory Johnson and Oscar Ortiz with leave to amend.

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2.

Plaintiff filed his Second Amended Complaint, naming only Deputy Aaron Mosley,

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Michael Vallerga, Eileen McMullen and Arnold Vallerga. The Second Amended Complaint

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contained both Federal and State claims similar to those in the First Amended Complaint.

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Defendants Aaron Mosley and Arnold Vallerga filed separate Motions to Dismiss the Second

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Amended Complaint. Defendants Michael Vallerga and Eileen McMullen have been served, but

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dispute valid service.

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3.

By its order filed June 20, 2011, the court granted defendant Aaron Mosley’s Motion

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to Dismiss the four Federal claims against him. The court further granted Defendant Arnold

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Vallerga’s Motion to Dismiss the four Federal claims against him, as well as the State claim for

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negligent infliction of emotional distress against him. The court ordered that all of these claims shall

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be dismissed without leave to amend.

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4.

Based upon the pleadings and the court’s June 20, 2011 order granting Defendants’

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Motions to Dismiss, the parties stipulate and agree that the claims against Defendants County of

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Napa, Aaron Mosley, Craig Wong, Cory Johnson and Oscar Ortiz, including such claims set forth in

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any of plaintiff’s complaints filed herein, shall be dismissed with prejudice. The parties stipulate

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and agree that the claims against Arnold Vallerga shall be dismissed with prejudice. The parties

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further stipulate and agree that the Second Amended Complaint is dismissed without prejudice as to

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Michael Vallerga and Eileen McMullen.

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5.

Based upon the parties stipulation and agreement as set forth above, the parties further

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stipulate and agree that the court shall enter judgment against plaintiff, Patrick Vinatieri, and in favor

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of defendants County of Napa, Aaron Mosley, Craig Wong, Cory Johnson, Oscar Ortiz and Arnold

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Vallerga, and shall dismiss the Second Amended Complaint without prejudice as to defendants

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Michael Vallerga and Eileen McMullen.
STIPULATION FOR ENTRY OF JUDGM ENT AND JUDGM ENT
H :\M A J .c a se s\V in a tie r i v . M o se ly \P le a d in g s\S tip & O r d e r r e e n try o f ju d g m e n t a n d ju d g m e n t.D r a ft 3 w p d .w p d

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Dated: July 14, 2011

SCOTT LAW FIRM

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BY:

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Dated: July 14, 2011

/s/ John Houston Scott
JOHN HOUSTON SCOTT
Attorney for Plaintiff

JONES & DYER

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BY:

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/s/ Mark A. Jones
MARK A. JONES
Attorney for Defendants
Aaron Mosley, Craig Wong, Cory
Johnson, Oscar Ortiz, and County of
Napa

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Dated: July 14, 2011

BABIN & SEEGER, LLP

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BY:

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/s/ Martin L. Seeger, IV
MARTIN L. SEEGER, IV
Attorney for Defendant
Arnold Vallerga

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JUDGMENT
Based upon the Stipulation of the parties and good cause appearing therefore, Judgment is
hereby entered against plaintiff, Patrick Vinatieri and in favor of defendants County of Napa, Aaron
Mosley, Craig Wong, Cory Johnson, Oscar Ortiz and Arnold Vallerga. The court further orders that
the Second Amended Complaint is dismissed without prejudice as to defendants Michael Vallerga
and Eileen McMullen.

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Date: 7/14/11

_______________________________
Honorable Richard Seeborg
District Court Judge

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STIPULATION FOR ENTRY OF JUDGM ENT AND JUDGM ENT
H :\M A J .c a se s\V in a tie r i v . M o se ly \P le a d in g s\S tip & O r d e r r e e n try o f ju d g m e n t a n d ju d g m e n t.D r a ft 3 w p d .w p d

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