Garner v. San Francisco City and County et al

Filing 118

ORDER granting Stipulation Regarding CCSF Collection of SFGH Bills Related to Treatment of Plaintiff's 11/27/2013 Injury signed by Magistrate Judge Elizabeth d. Laporte. (shyS, COURT STAFF) (Filed on 7/26/2016)

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DENNIS J. HERRERA, State Bar #139669
City Attorney
CHERYL ADAMS, State Bar #164194
Chief Trial Attorney
JAMES HANNAWALT, State Bar #139657
Deputy City Attorney
Fox Plaza
1390 Market Street, Sixth Floor
San Francisco, California 94102-5408
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]

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Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO,
OFFICER JARED P. HARRIS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL WAYNE GARNER,

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Plaintiff,

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vs.

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Case No. 14-CV-5172-EDL
STIPULATION REGARDING CCSF
COLLECTION OF SFGH BILLS RELATED
TO TREATMENT OF PLAINTIFF’S 11/27/2013
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INJURY; [PROPOSED] ORDER

CITY AND COUNTY OF SAN
FRANCISCO; SAN FRANCISCO POLICE
DEPARTMENT; GREGORY P. SUHR, in his
capacity as Chief of Police of the San
Francisco Police Department; JARED P.
HARRIS, individually and in his capacity as a
Police Officer for the San Francisco Police
Department; Officer SADIKI #803,
individually and in his capacity as a Police
Officer for the San Francisco Police
Department, and Does 1 through 200,
Defendants.

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WHEREAS, the City and County of San Francisco has made a charitable write-off of all

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charges for goods and services provided by the City and County of San Francisco at San Francisco

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General Hospital in connection with the treatment of Michael Garner for injuries Michael Garner

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sustained on November 27, 2013; and
STIP. & PROPOSED ORDER RE. ECONOMIC DAMAGES
FOR SFGH TREATMENT CASE NO. 14-CV-5172-EDL

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medical billings.doc

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WHEREAS the Court has granted Defendants’ Motion in Limine 1, ordering that Plaintiff

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cannot present as an element of economic damages in the trial of this matter the cost of goods and/or

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services provided by the City and County of San Francisco at San Francisco General Hospital in

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connection with the treatment of Michael Garner for injuries Michael Garner sustained on November

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27, 2013;

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IT IS STIPULATED BY AND BETWEEN THE PARTIES to this action, through their

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respective counsel, that the City and County of San Francisco will not directly or indirectly assert at

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any time in the future the right to payment for the goods and services provided by the City and County

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of San Francisco at San Francisco General Hospital in connection with the treatment of Michael

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Garner for injuries Michael Garner sustained on November 27, 2013. Nor will the City and County of

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San Francisco seek recovery of any City or County tax against Mr. Garner in connection with the

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treatment of Michael Garner for injuries Michael Garner sustained on November 27, 2013. This

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stipulation does not address any other debts or obligations plaintiff Michael Garner may have with

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regard to the City and County of San Francisco.

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Further, as this stipulation is being entered only as a result of the Court’s ruling against

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Plaintiff regarding what the Plaintiff respectfully believes to be an erroneous misinterpretation of the

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“Collateral Source Rule,” it is understood and agreed by the Parties and the Court that this stipulation

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in no way waives Plaintiff’s right to appeal the Court’s ruling on Defendant’s Motion in Limine 1.

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IT IS SO STIPULATED.
Dated: July 15, 2016
DENNIS J. HERRERA
City Attorney
CHERYL ADAMS
Chief Trial Deputy
JAMES HANNAWALT
Deputy City Attorney
By: /s/ James Hannawalt
JAMES HANNAWALT
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO,
OFFICER JARED P. HARRIS,

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STIP. & PROPOSED ORDER RE. ECONOMIC DAMAGES
FOR SFGH TREATMENT CASE NO. 14-CV-5172-EDL

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Dated: July 25, 2016
Law Offices of James F. Costello
By: /s/ James F. Costello
JAMES F. COSTELLO
Attorney for Plaintiff MICHAEL GARNER

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STIP. & PROPOSED ORDER RE. ECONOMIC DAMAGES
FOR SFGH TREATMENT CASE NO. 14-CV-5172-EDL

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___________
[PROPOSED] ORDER

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Based on the above stipulation, and for good cause appearing, the Court orders as follows:

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City and County of San Francisco may not directly or indirectly assert at any time in the future

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the right to payment for the goods and services provided by the City and County of San Francisco at

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San Francisco General Hospital in connection with the treatment of Michael Garner for injuries

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Michael Garner sustained on November 27, 2013. This order does not address any other debts or

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obligations Michael Garner may have with regard to the City and County of San Francisco. The court

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will retain jurisdiction to enforce this order. Further, this Order will in no way be construed to limit

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Plaintiff’s right to appeal with respect to this Court’s ruling on Defendant’s Motion in Limine 1,

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relating to the so called “Collateral Source Rule.”

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IT IS SO ORDERED

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July 26, 2016
Dated: ______________________
Hon. Magistrate Judge Elizabeth D. Laporte
United States Magistrate Judge

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STIP. & PROPOSED ORDER RE. ECONOMIC DAMAGES
FOR SFGH TREATMENT CASE NO. 14-CV-5172-EDL

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c:\users\jfc\documents\garner case\garner case stipulation re
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