Blocker v. County of Contra Costa et al

Filing 58

ORDER re 56 STIPULATION FOR ENTRY OF ORDER OF DISMISSAL OF DEFENDANT McEVOY. Signed by Judge Charles R. Breyer on 5/20/2013. (beS, COURT STAFF) (Filed on 5/21/2013)

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TIMOTHY P. MURPHY, ESQ. (120920)
EDRINGTON, SCHIRMER & MURPHY LLP
2300 Contra Costa Boulevard, Suite 450
Pleasant Hill, CA 94523-3936
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant PAULA McEVOY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FORREST BLOCKER, individually and as
Guardian Ad Litem for her minor child, M.B.,

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STIPULATION FOR ENTRY OF ORDER
OF DISMISSAL OF DEFENDANT
McEVOY AND ORDER

Plaintiffs,

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CASE NO.: CV12-05597 CRB

vs.
COUNTY OF CONTRA COSTA, LORI
CASTILLO, MEGHAN SCHULZE, NICOLE
GREMILLION, LYNDA EHRICH, MARY
LOGGER, CITY OF ANTIOCH, TREVOR
SCHNITZIUS, KRISTOPHER KINT,
OFFICER WHITE, PAULA McEVOY, and
Does 1-10, inclusive,
Defendants.
WHEREAS certain parties to this action, namely, Plaintiffs, FORREST BLOCKER,

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individually and as Guardian Ad Litem for her minor child, M.B. and Defendant PAULA

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McEVOY (the “Settling Parties”), have reached a mutual and amicable settlement and have

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entered into a separate agreement for settlement of claims between them in this action, the terms

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of which are set forth in writing in the Settlement Agreement and General Release, to fully and

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finally resolve all matters relating to the Settling Parties in this action without trial;

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WHEREAS, the settlement as it concerns the minor plaintiff, M.B., has been duly
approved by the court in response to Petition for Compromise of Minor’s Claim;

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1
STIPULATION FOR ENTRY OF ORDER OF DISMISSAL OF DEFENDANT McEVOY AND [PROPOSED] ORDER

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WHEREAS the Settlement Agreement resolves all the claims between the Settling
Parties in this action;

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WHEREAS the Settling Parties agree to pay their own attorney’s fees and costs;

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WHEREAS there are no further issues between the Settling Parties for the Court to

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resolve; and
WHEREAS the Settling Parties have agreed that the Court should retain jurisdiction for
the purpose of enforcing the terms of the Settlement Agreement,
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:
1.

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Plaintiff’s action against defendant PAULA McEVOY, including references to
McEVOY in each of Plaintiffs’ causes of action set out in Plaintiffs’ Complaint,

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shall be dismissed with prejudice, with each party to bear her/its own attorney’s

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fees and costs.

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2.

The Court shall retain jurisdiction to enforce the terms of the Settling Parties’

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Settlement Agreements.
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SO STIPULATED.
DATED:

Law Offices of Robert R. Powell

February 28, 2013

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By______________________________
ROBERT R. POWELL, ESQ.
Attorney for Plaintiffs

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DATED:

May 10, 2013

EDRINGTON, SCHIRMER & MURPHY LLP

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By______________________________
TIMOTHY P. MURPHY, ESQ.
Attorneys for Defendant McEvoy

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STIPULATION FOR ENTRY OF ORDER OF DISMISSAL OF DEFENDANT McEVOY AND [PROPOSED] ORDER

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FO

Honorable Charles R.CBreyer . Breye
harles R
Judge
Senior District Judge

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DATED: May 20, 2013

D
RDERE
IS SO O
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IT IS SO ORDERED.

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ORDER

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STIPULATION FOR ENTRY OF ORDER OF DISMISSAL OF DEFENDANT McEVOY AND [PROPOSED] ORDER