Smith v. Alameda County et al

Filing 58

ORDER DISMISSING CASE PURSUANT TO STIPULATION. Signed by Judge Maria-Elena James on 1/21/2016. (cdnS, COURT STAFF) (Filed on 1/21/2016)

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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 Defendants
COUNTY OF ALAMEDA; SHERIFF GREGORY AHERN; SHERIFF’S DEPUTY ALBERT J.
SAMS; SHERIFF’S DEPUTY J. SELLS; SHERIFF’S DEPUTY SCOTT BRANDON;
SHERIFF’S DEPUTY MISTY JOHNSON; SHERIFF’S DEPUTY JUSTIN MIGUEL;
SHERIFF’S DEPUTY MARC PETRINI; SHERIFF’S SERGEANT E. MARAPAO; SHERIFF’S
DEPUTY S. LENTHE; SHERIFF’S DEPUTY J. WHITE; SHERIFF’S SERGEANT RICHARD
FRANCO

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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AARON SMITH,

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Plaintiff,

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CASE NO.: CV14-03080 MEJ
STIPULATION FOR ENTRY OF ORDER
OF DISMISSAL AND [PROPOSED]
ORDER

vs.
COUNTY OF ALAMEDA; SHERIFF
GREGORY AHERN; SHERIFF’S DEPUTY
ALBERT J. SAMS (Badge No. 202441);
SHERIFF’S DEPUTY J. SELLS (Badge No.
1651); SHERIFF’S DEPUTY SCOTT
BRANDON (Badge No. 1815); SHERIFF’S
DEPUTY MISTY JOHNSON (Badge No.
1635); SHERIFF’S DEPUTY JUSTIN
MIGUEL (Badge No. 1891); SHERIFF’S
DEPUTY MARC PETRINI (Badge No. 1389);
SHERIFF’S DEPUTY SERGEANT E.
MARAPAO (Badge No. 1486); SHERIFF’S
DEPUTY S. LENTHE (Badge No. 1227);
SHERIFF’S DEPUTY J. WHITE; SHERIFF’S
SERGEANT RICHARD FRANCO (Badge No.
105055), and DOES 1-100, Inclusive,
Defendants.

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WHEREAS all parties to this action, namely, Plaintiff AARON SMITH and Defendants

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STIPULATION FOR ENTRY OF ORDER OF DISMISSAL AND [PROPOSED] ORDER - Case No. CV14-03080 MEJ

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COUNTY OF ALAMEDA; SHERIFF GREGORY AHERN; SHERIFF’S DEPUTY ALBERT J.

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SAMS; SHERIFF’S DEPUTY J. SELLS; SHERIFF’S DEPUTY SCOTT BRANDON;

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SHERIFF’S DEPUTY MISTY JOHNSON; SHERIFF’S DEPUTY JUSTIN MIGUEL;

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SHERIFF’S DEPUTY MARC PETRINI; SHERIFF’S SERGEANT E. MARAPAO; SHERIFF’S

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DEPUTY S. LENTHE; SHERIFF’S DEPUTY J. WHITE; SHERIFF’S SERGEANT RICHARD

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FRANCO, and each of them (the “Settling Parties”), have reached a mutual and amicable

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settlement and have entered into a separate agreement for settlement of this action, the terms of

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which are set forth in writing in the “Settlement Agreement and Release of all Claims” (“the

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Settlement Agreement”), to fully and finally resolve all matters concerning the Settling Parties

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without trial;

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

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

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

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Parties,

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:

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1. This action, including each of Plaintiff’s causes of action set out in Plaintiff’s

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Complaint against all named defendants, shall be dismissed with prejudice, with each party to

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bear its own attorney fees and costs.

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IT IS SO STIPULATED.

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Edrington, Schirmer & Murphy LLP

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Date:

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/s/
Timothy P. Murphy, Esq.
Attorney for Defendants

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1/21/16

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STIPULATION FOR ENTRY OF ORDER OF DISMISSAL AND [PROPOSED] ORDER - Case No. CV14-03080 MEJ

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Date:

1/21/16

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Brent, Fiol & Pratt, LLP
/s/
David Fiol, Esq.
Attorney for Plaintiff

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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January 21, 2016
Date: ____________________

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Maria-Elena James
U.S. Magistrate Judge

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STIPULATION FOR ENTRY OF ORDER OF DISMISSAL AND [PROPOSED] ORDER - Case No. CV14-03080 MEJ

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CERTIFICATION BY TIMOTHY P. MURPHY PURSUANT TO LOCAL RULE NO.5-1,
SECTION (i)(3). RE E-FILING ON BEHALF OF MULTIPLE SIGNATORIES
1.

I am an attorney licensed to practice law in the State of California, and am an

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attorney in the law firm of Edrington, Schirmer & Murphy, counsel for Defendants COUNTY OF

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ALAMEDA; SHERIFF GREGORY AHERN; SHERIFF’S DEPUTY ALBERT J. SAMS;

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SHERIFF’S DEPUTY J. SELLS; SHERIFF’S DEPUTY SCOTT BRANDON; SHERIFF’S

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DEPUTY MISTY JOHNSON; SHERIFF’S DEPUTY JUSTIN MIGUEL; SHERIFF’S DEPUTY

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MARC PETRINI; SHERIFF’S SERGEANT E. MARAPAO; SHERIFF’S DEPUTY S. LENTHE;

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SHERIFF’S DEPUTY J. WHITE; SHERIFF’S SERGEANT RICHARD FRANCO. The

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statements herein are made on my personal knowledge, and if called as a witness, I could and

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would testify thereto.
2.

The above e-filed document contains multiple signatures.

I declare that

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concurrence has been obtained from each of the other signatories to file this jointly prepared

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document with the Court. Pursuant to Local Rule 5-1, section (i)(3), I shall maintain records to

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support this concurrence for subsequent production for the Court if so ordered, or for inspection

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upon request by a party until one year after final resolution of the action (including appeal, if any).

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I declare under penalty of perjury under the laws of the United States of California that the

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foregoing is true and correct on January 21, 2016.

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/s/
Timothy P. Murphy

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STIPULATION FOR ENTRY OF ORDER OF DISMISSAL AND [PROPOSED] ORDER - Case No. CV14-03080 MEJ