Nowicki v. Contra Costa County Employees' Retirement Association et al

Filing 49

JUDGMENT, civil case terminated. Signed by Judge Susan Illston on 7/17/17. (tfS, COURT STAFF) (Filed on 7/17/2017)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

SAN FRANCISCO DIVISION
Case No. 17-cv-00629-SI

PETER J. NOWICKI,

8
9

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10

[PROPOSED] JUDGMENT

Plaintiff,
v.

11 CONTRA COSTA COUNTY EMPLOYEES'
RETIREMENT ASSOCIATION; JOHN B.
12 PHILLIPS, SCOTT W. GORDON, RUSSELL V.
WATTS, DAVID MacDONALD, JERRY
13 TELLES, DEBORA ALLEN, CANDACE
ANDERSON, GABRIEL RODRIGUES,
14
WILLIAM PIGEON, LOUIE A. KROLL,
15 JERRY R. HOLCOMBE and TODD SMITHEY
each in her or his official capacity as members of
16 the Board of the Contra Costa County
Employees’ Retirement Association; and
17 MORAGA-ORINDA FIRE DISTRICT; STEVE
18 ANDERSON, JOHN JEX, KATHLEEN
FAMULENER, BRAD BARBER, and CRAIG
19 JORGENS, each in her or his official capacity as
members of the Board of the Moraga-Orinda Fire
20 District; and DOES 1 through 25, inclusive.
21

Defendants.

22
23
24
25
26
27
28
Case No. 17-cv-00629-SI
[PROPOSED] JUDGMENT

1

On June 27, 2017, the Court entered its Order Granting Defendants’ Motions to Dismiss the

2 Complaint and Granting Leave to Amend (Docket #47). Plaintiff Peter J. Nowicki failed to file an
3 amended complaint in this case within the time specified in that Order.
4

NOW THEREFORE, for good cause shown,

5

IT IS HEREBY ORDERED, JUDGED, AND DECREED that Judgment in this case is

6 entered in favor of Defendants Contra Costa County Employees’ Retirement Association, John B.
7 Philips, Scott W. Gordon, Russell V. Watts, David MacDonald, Jerry Telles, Debora Allen, Candace
8 Anderson, Gabriel Rodrigues, William Pigeon, Louie A. Kroll, Jerry Holcombe and Todd Smithey,
9 each in her or his official capacity as a member of the Board of the Contra Costa County Employees’

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10 Retirement Association, and also in favor of Defendants Moraga-Orinda Fire District, Steve
11 Anderson, John Jex, Kathleen Famulener, Brad Barber and Craig Jorgens, each in her or his official
12 capacity as a member of the Board of the Moraga-Orinda Fire District. Plaintiff Peter J. Nowicki
13 shall recover nothing by reason of his Complaint.

All federal causes of action in Plaintiff’s

14 Complaint are dismissed, with prejudice, and the Court declines supplemental jurisdiction over any
15 of Plaintiff’s state law claims. Plaintiff’s Complaint is hereby (1) dismissed, with prejudice, as to
16 Plaintiffs’ First Cause of Action, Second Cause of Action, Sixth Cause of Action and Ninth Cause of
17 Action (to the extent such Ninth Cause of Action is based on any alleged violations of federal law),
18 and (2) dismissed as to the remainder of the complaint, without prejudice to any right Plaintiff may
19 have to timely assert any state law claims in the California courts. As the prevailing parties,
20 defendants may file a claim for taxable costs as provided in Local Rule 54, et seq.
21
22
23

7/17/17
DATED: ____________________

_____________________________
Hon. Susan Illston
United States District Judge

24
25
26
27
28
-1-

[PROPOSED] JUDGMENT

Case No. 17-cv-00629-SI