Maguire v. City of Santa Rosa

Filing 24

ORDER GRANTING 23 STIPULATION OF DISMISSAL. Signed by Judge Jeffrey S. White on 9/25/13. (jjoS, COURT STAFF) (Filed on 9/25/2013)

Case3:11-cv-02352-JSW Document23 Filed09/23/13 Page1 of 3

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CAROLINE L. FOWLER, City Attorney (SBN 110313)
JOHN J. FRITSCH, Assistant City Attorney (SBN 172182)
City of Santa Rosa
100 Santa Rosa Avenue, Room 8
Santa Rosa, California 95404
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
CITY OF SANTA ROSA

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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COLLEEN MAGUIRE,

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CASE NO. C11-02352 JSW

Plaintiff,
v.
CITY OF SANTA ROSA, AND DOES 1
through 10, inclusive,

STIPULATION AND [PROPOSED]
ORDER THEREON RE DISMISSAL
WITH PREJUDICE

Defendants.
/
The parties respectfully hereby stipulate as follows:
RECITALS
Whereas on May 12, 2011, the Complaint for Damages and Injunctive Relief (Title

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II Americans with Disabilities Act and related state claims) was filed (Doc. 1), and on

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June 20, 2011, defendant timely answered (Doc. 7);

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Whereas the complaint alleges, in part, a right to injunctive relief under Title II of

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the Americans with Disability Act and state law, and, in remaining part, a right to

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monetary claims for damages, attorney’s fees, litigation expenses and costs [collectively,

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Monetary Claims], and defendant CITY, in part, denied liability as to all claims.

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Whereas on March 6, 2013, the parties filed a stipulated CONSENT DECREE
FOR SETTLEMENT OF PLAINTIFF’S INJUNCTIVE RELIEF CLAIMS ONLY in full,
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Stipulation and [Proposed] Order re Dismissal with Prejudice, Case No. C11-02352 JSW

Case3:11-cv-02352-JSW Document23 Filed09/23/13 Page2 of 3

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complete and final disposition and settlement of all of Plaintiff’s claims for injunctive

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relief (Doc. 19);

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Whereas on March 7, 2013, the Court ordered that the filed stipulated CONSENT

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DECREE FOR SETTLEMENT OF PLAINTIFF’S INJUNCTIVE RELIEF CLAIMS ONLY

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shall be binding on Plaintiff COLLEEN MAGUIRE and Defendant CITY OF SANTA

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ROSA, and that the Court shall retain jurisdiction of this action until January 15, 2016 to

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enforce provisions of the Consent Decree and Order (Doc. 20);

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Whereas on July 16, 2013, Court-appointed mediator William Simmons mediated
plaintiff’s Monetary Claims, and the parties reached agreement on tentative terms;

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Whereas on July 30, 2013, the CITY Council authorized a settlement proposal to

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settle and compromise all of plaintiff’s Monetary Claims including the formation of a

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Settlement Agreement and payment of $100,000 (One Hundred Thousand Dollars) in

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consideration of plaintiff’s dismissal with prejudice of the complaint with each party to

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bear its own attorney fees, costs, and litigation expenses;

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Whereas, plaintiff accepted the proposal;

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Whereas plaintiff MAGUIRE and defendant CITY have performed as agreed.

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STIPULATION AND ORDER THEREON

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THEREFORE, it is stipulated and agreed herein by and between the parties that:

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1.

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The Complaint shall be dismissed with prejudice with each party to bear
its own attorney’s fees, costs, and litigation expenses;

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2.

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The Court shall retain jurisdiction of this action until January 15, 2016 to
enforce provisions of the Consent Decree (Doc. 19) and Order (Doc. 20)

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Dated:

/s/

September 19, 2013

John J. Fritsch
Assistant City Attorney
Attorney for Defendant
CITY OF SANTA ROSA

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//

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//
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Stipulation and [Proposed] Order re Dismissal with Prejudice, Case No. C11-02352 JSW

Case3:11-cv-02352-JSW Document23 Filed09/23/13 Page3 of 3

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Dated:

September 19, 2013

METZ & HARRISON, LLP

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/s/
___________________________________
Jeff A. Harrison
Attorneys for Plaintiff
COLLEEN MAGUIRE

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GOOD CAUSE APPEARING, IT IS SO ORDERED.
Dated: September 25 , 2013

___________________________________
Hon. Jeffrey S. White
Judge, U.S. District Court

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Stipulation and [Proposed] Order re Dismissal with Prejudice, Case No. C11-02352 JSW