Hauschild v. City of Richmond et al

Filing 61

ORDER RE 60 STIPULATION REGARDING PLAINTIFFS CLAIMS FOR EMOTIONAL DISTRESS DAMAGES.(whalc2, COURT STAFF) (Filed on 4/22/2016)

1
2
3
4
5
6
7
8
9
10

ARTHUR A. HARTINGER (SBN 121521)
[e-mail]
GEOFFREY SPELLBERG (SBN 121079)
[e-mail]
KEVIN P. MCLAUGHLIN (SBN 251477)
[e-mail]
RENNE SLOAN HOLTZMAN SAKAI LLP
1220 7th Street, 3rd Floor
Berkeley, CA 94710
Telephone: [phone]
Facsimile: [phone]
BRUCE REED GOODMILLER (SBN 121491)
City Attorney
[e-mail]
CITY OF RICHMOND
450 Civic Center Plaza
Richmond, California 94804
Telephone: [phone]
Facsimile: [phone]

11
12

Attorneys for Defendants
CITY OF RICHMOND and CHRISTOPHER
MAGNUS

RENNE SLOAN HOLTZMAN SAKAI LLP
Attorneys at Law

13
IN THE UNITED STATES DISTRICT COURT
14
FOR THE NORTHERN DISTRICT OF CALIFORNIA
15
16

THOMAS HAUSCHILD,

17

Case No. 15-CV-01556-WHA

Plaintiff,
STIPULATION AND PROPOSED ORDER
REGARDING PLAINTIFF’S CLAIMS FOR
EMOTIONAL DISTRESS DAMAGES

18

v.

19

CITY OF RICHMOND; CHRISTOPHER
MAGNUS; and DOES 1 through 10, inclusive

20
Defendants.
21
22
23
24

Plaintiff Thomas Hauschild (“Plaintiff”) and Defendants City of Richmond and Christopher
Magnus (“Defendants”) hereby stipulate as follows:
1. Plaintiff acknowledges that Plaintiff is not claiming any damages for any alleged mental,

25

emotional, psychiatric, psychological, or physical injury, effect, or impairment over and above

26

those typically associated with the remaining causes of action pled in Plaintiff’s Amended

27

Complaint, (Violation of Plaintiff’s due process, speech, and petition rights under the First, Fifth,

28

and Fourteenth Amendments to the United States Constitution and under 42 U.S.C. Section 1983;
-1STIPULATION AND PROPOSED ORDER REGARDING PLAINTIFF’S CLAIMS FOR EMOTIONAL DISTRESS
DAMAGES - Case No. 15-CV-01556-WHA

1

Discrimination in violation of the Fair Employment and Housing Act (“FEHA”) under California

2

Government Code §12940; Retaliation in violation of FEHA under California Government Code

3

§12940(h); and violations of California Government Code sections 3304(d)(1) and 3309.5.)

4

Plaintiff is only seeking generalized or garden variety emotional distress damages in this action.

5

2. Plaintiff will not call any expert witness, including but not limited to any psychiatrist,

6

psychologist, psychotherapist, counselor or physician, to testify concerning Plaintiff’s alleged

7

emotional distress. Plaintiff is not intending to call any other witness or offer any evidence other

8

than his own testimony to support his emotional distress claim. However, should Plaintiff later

9

determine a need to offer such a witness or such evidence, Plaintiff shall promptly give notice to

10
11

Defendants and the parties shall meet and confer about the issue.
3. Based upon these representations, Defendants will not move for or otherwise request a mental
examination of Plaintiff. Defendants will withdraw their currently pending request for a mental

13
RENNE SLOAN HOLTZMAN SAKAI LLP
Attorneys at Law

12

examination.

14

IT IS SO STIPULATED.

15

Dated: April 20, 2016

16

By: /s/ Geoffrey Spellberg
GEOFFREY SPELLBERG

17

Attorneys for Defendants
CITY OF RICHMOND and CHRISTOPHER
MAGNUS

18
19
20

RENNE SLOAN HOLTZMAN SAKAI LLP

Dated: April 20, 2016

BROWN POORE LLP
By: /s/ David M. Poore
DAVID M. POORE
SCOTT A. BROWN

21
22

Attorneys for Plaintiff
THOMAS HAUSCHILD

23
24
25
26
27

I hereby attest that I have obtained concurrence for the filing of this document for any signatures
indicated by a “conformed” signature (/s/) within this e-filed document.
Dated: April 21, 2016

/s/
GEOFFREY SPELLBERG

28
-2STIPULATION AND PROPOSED ORDER REGARDING PLAINTIFF’S CLAIMS FOR EMOTIONAL DISTRESS
DAMAGES - Case No. 15-CV-01556-WHA

1
2
3

[PROPOSED] ORDER
The Court has considered the above stipulation of the parties. The stipulation is hereby adopted
by the Court.

4
5
6
7

22
Dated: April __, 2016

_______________________________
Hon. William Alsup
United States District Court Judge

8
9
10
11
12

RENNE SLOAN HOLTZMAN SAKAI LLP
Attorneys at Law

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
STIPULATION AND PROPOSED ORDER REGARDING PLAINTIFF’S CLAIMS FOR EMOTIONAL
DISTRESS DAMAGES - Case No. 15-CV-01556-WHA