Burns et al v. City of Concord et al

Filing 175

STIPULATION AND ORDER DISMISSING SEVERAL DEFENDANTS AND VACATING PENDING MOTION FOR SUMMARY JUDGMENT, Motions terminated: 171 MOTION for Summary Judgment AS TO THE CLAIM AGAINST THEM BY PLAINTIFF BOBBY LAWRENCE filed by John Conaty, Tom Parodi. Motion is moot. 174 STIPULATION WITH PROPOSED ORDER Dismissing Several Defendants and Vacating Pending MSJ filed by Paul Miovas, Guy Swanger, Francisco Ramirez, Mike Hansen, Brad Giacobazzi, Danny Smith, Steven White , Eduardo Montero, Tom Parodi, City of Concord, Matt Cain, Chris Loercher, Steven Price, Matthew Switzer, Jason Passama. Case Management Statement due by 3/30/2017. Further Case Management Conference set for 4/6/2017 11:00 AM in Courtroom C, 15th Floor, San Francisco. Signed by Judge Laurel Beeler on 02/23/2017. (rm, COURT STAFF) (Filed on 2/23/2017)

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NOAH G. BLECHMAN (State Bar No. 197167)
noah.blechman@ mcnamaralaw .com
MCNAMARA, NEY, BEATIY, SLATIERY,
BORGES & AMBACHER LLP
1211 Newell Avenue
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
City of Concord, Chief Guy Swanger, Mike Hansen, Tom
Parodi, Chris Loercher, Francisco Ramirez, Steven White, Brad
Giacobazzi, Danny Smith, Eduardo Montero, Steven Price,
Jason Passama, Paul Miovas, Matt Cain and Matthew Switzer

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN BURNS, TAMMY BURNS,
BOBBY LAWRENCE, ESTATE OF
CHARLES BURNS by TAMMY BURNS,
Successor in Interest of the Estate of
Charles Burns,

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Plaintiffs,
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STIPULATION AND [PROPOSED]
ORDER DISMISSING SEVERAL
DEFENDANTS AND VACATING
PENDING MOTION FOR SUMMARY
JUDGMENT
Judge: Hon. Laurel Beeler
Dept: USDC (SF), 151h Floor

CITY OF CONCORD, et al.,
New Trial Date:

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Case No. C14-00535 LB

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October 30, 2017

Defendants.

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IT IS HEREBY STIPULATED AND AGREED, by and between the parties to this action,
through their respective counsel of record, as follows:
WHEREAS Plaintiffs have agreed to a dismissal, with prejudice, as to the following
Defendants in this action: JOHN CONATY, PAUL MIOVAS, MATT CAIN and TOM PARODI,
only these Defendants, as to all claims alleged against them in the operative Fourth Amended
Complaint filed in this matter.
WHEREAS each party to bear their own fees and costs as to these dismissed parties.
WHEREAS since a Motion for Summary Judgment was filed and is pending related to

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STIPULATION AND ORDER REGARDING DISMISSAL OF
SEVERAL DEFENDANTS AND VACATING PENDING MSJ
- CI4- 00535 LB

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Defendants JOHN CONATY and TOM PARODI, set for hearing on March 301h, in light of this
dismissal, that pending Motion for Summary Judgment hearing can be vacated as moot.
The parties attest that concurrence in the filing of this document has been obtained from
each of the other Signatories, which shall serve in lieu of their signatures on the document.

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We hereby attest that concurrence in the filing of these documents has been obtained from

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Dated: February 22, 2017

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CONTRA COSTA COUNTY COUNSEL'S OFFICE

By:

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JOHNSON&JOHNSON

By: ______~/~s/~~J~oh~n~s~o~n~P~et~e~r_____________
Peter Johnson
Attorneys for Plaintiffs

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Dated: February 22, 2017

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each of the other Signatories, which shall serve in lieu of their signatures on the document.

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Dated: February 22, 2017

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MCNAMARA, NEY, BEATIY, SLATIERY,
BORGES & AM BACHER LLP

By:

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/s/
Baker, D. Cameron
D. Cameron Baker
Attorneys for Defendants Kevin Bell and John Conaty

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/s/ Blechman, Noah G.
Noah G. Blechman
Attorneys for Defendants City of Concord, Chief Guy
Swanger, Mike Hansen, Tom Parodi, Chris Loercher,
Francisco Ramirez, Steven White, Brad Giacobazzi,
Danny Smith, Eduardo Montero, Steven Price, Jason
Passama, Paul Miovas, Matt Cain and Matthew Switzer

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ORDER

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PURSUANT TO THE PARTIES' STIPULATION, IT IS HEREBY ORDERED AS FOLLOWS:

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Defendants JOHN CONATY, PAUL MIOVAS, MATT CAIN and TOM PARODI, only

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these Defendants, are hereby dismissed, with prejudice, as to all claims alleged against them in

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the operative Fourth Amended Complaint filed in this matter, each party to bear their own fees

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and costs as to these dismissed parties.

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STIPULATION AND ORDER REGARDING DISMISSAL OF
SEVERAL DEFENDANTS AND VACATING PENDING MSJ
- Cl4- 00535 LB

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In addition, the pending Motion for Summary Judgment, filed by Defendants JOHN
CONATY and TOM PARODI, set for hearing on March 301\ is hereby vacated as moot in light
of the dismissal of these Defendants.

Court sets a Case Management Conference for April 6, 2017 at 11 AM. Updated Joint Case
Management Conference statements due March 30, 2017.
IT IS SO ORDERED

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02/23/2017
Dated: _ _ _ _ _ _ __

By: _ _ _ _ _ __ _ __
Hon. Laurel Beeler
Magistrate Judge of the District Court

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STIPULATION AND ORDER REGARDING DISMISSAL OF
SEVERAL DEFENDANTS AND VACATING PENDING MSJ
- CI4- 00535 LB

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