Arevalo v. Palo Alto Police Department et al
Filing
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STIPULATION AND ORDER Dismissing Remainder of Case (including Defendant City of Palo Alto) with Prejudice, Retention of Jurisdiction to Enforce Terms of Settlement). Signed by Judge Charles R. Breyer on 11/21/2022. (ls, COURT STAFF) (Filed on 11/21/2022)
Case 3:20-cv-04157-CRB Document 71 Filed 11/21/22 Page 1 of 4
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THE GORDON LAW GROUP
SAMUEL GORDON, ESQ. (SBN 305045)
1885 The Alameda, Suite 210
San Jose, CA 95126
Telephone: (408) 286-1351
Fax:
(408) 503-0954
Email: SamuelGordonEsq@gmail.com
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Attorney for Plaintiff JULIO AREVALO
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JON A. HEABERLIN—BAR NO. 199810
jon@rankinstock.com
RANKIN | STOCK | HEABERLIN | ONEAL
96 No. Third Street, Suite 500
San Jose, California 95112-7709
Telephone: (408) 293-0463
Facsimile: (408) 293-9514
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DALE L. ALLEN, JR.—BAR NO. 145279
dallen@aghwlaw.com
KEVIN P. ALLEN—BAR NO. 252290
kallen@aghwlaw.com
ALLEN, GLAESSNER, HAZELWOOD &
WERTH, LLP
180 Montgomery Street, Suite 1200
San Francisco, CA 94104
Telephone: (415) 697-2000
Facsimile: (415) 813-2045
Attorneys for Defendants
SGT. DUJUAN E. GREEN and
OFC. IAN JOHNSON
TODD H. MASTER —BAR NO. 185881
tmaster@hrmrlaw.com
HOWARD ROME MARTIN & RIDLEY
LLP
1900 O’Farrell Street, Suite 280
San Mateo, CA 94403
Telephone: (650) 365-7715
Facsimile: (650) 364-5297
Attorney for Defendants CITY OF PALO
ALTO
(also sued as “PALO ALTO POLICE
DEPARTMENT”),
CHIEF ROBERT JONSEN,
LT. BEN BECCHETTI, LISA SCHEFF
Attorneys for Defendants
PALO ALTO POLICE SGT. JOHN
ALANIZ
PALO ALTO POLICE OFFICER NICK
ENBERG
PALO ALTO POLICE OFFICER BRIAN
CONNELLY
PALO ALTO POLICE OFFICER SASCHA
PRIESS
(named herein as PALO ALTO POLICE
OFFICER PRIESS)
MARK E. DAVIS—BAR NO. 79936
mdavis@davisyounglaw.com
ERIC J. BENGTSON—BAR NO. 254167
eric@davisyounglaw.com
STEVEN B. DIPPELL—BAR NO. 121217
sdippell@davisyounglaw.com
DAVIS & YOUNG, APLC
1960 The Alameda, Suite 210
San Jose, CA 95126
Telephone: (669) 245-4200
Facsimile: (408) 985-1814
Attorneys for Defendant POLICE AGENT
THOMAS ALAN DESTEFANO, JR.
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-1STIPULATION AND (PROPOSED) ORDER DISMISSING REMAINDER OF CASE (INCLUDING DEFENDANT OF PALO ALTO) WITH
PREJUDICE, RETENTION OF JURISDICTION TO ENFORCE TERMS OF SETTLEMENT
Case 3:20-cv-04157-CRB Document 71 Filed 11/21/22 Page 2 of 4
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
Case No.: 3:20-CV-04157-CRB
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JULIO AREVALO,
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Plaintiff,
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vs.
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CITY OF PALO ALTO, et al.,
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Defendants,
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STIPULATION AND (PROPOSED) ORDER
DISMISSING REMAINDER OF CASE
(INCLUDING DEFENDANT CITY OF PALO
ALTO) WITH PREJUDICE, RETENTION OF
JURISDICTION TO ENFORCE TERMS OF
SETTLEMENT
IT IS HEREBY STIPULATED by and between the parties to this action 1 through
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their designated counsel that:
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1. The Court, and specifically Mag. Judge Laurel Beeler, shall retain jurisdiction
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pursuant to Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 (1994) to
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enforce the terms of this settlement, which were memorialized on the record
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before the Hon. Laurel Beeler on May 18, 2022, and which the main terms are
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as follows: a) The City of Palo Alto shall pay to Plaintiff Julio Arevalo the total
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sum of $150,000; b) Plaintiff shall release all Defendants and associated parties
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which either were named or could have been named in this action; c) Plaintiff
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and his counsel The Gordon Law Group shall bear any liens which may exist in
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this matter, including but not limited to any liens for medical care or attorney’s
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fees; and d) Defendants disputed liability in this matter and the payment of this
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settlement should not be construed as an admission of liability.
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The individual Defendants have been previously dismissed. Out of an abundance of
caution and to effect the requirements of FRCP 41(a)(1)(A)(ii), all counsel are executing
this Stipulation even though some represent parties that have already been dismissed.
-2STIPULATION AND (PROPOSED) ORDER DISMISSING REMAINDER OF CASE (INCLUDING DEFENDANT OF PALO ALTO) WITH
PREJUDICE, RETENTION OF JURISDICTION TO ENFORCE TERMS OF SETTLEMENT
Case 3:20-cv-04157-CRB Document 71 Filed 11/21/22 Page 3 of 4
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2. Defendant CITY OF PALO ALTO (also sued as “City of Palo Alto Police
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Department”), and all remaining Defendants (including DOE Defendants) shall
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be dismissed with prejudice pursuant to FRCP 41(a)(1); and
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3. The effectiveness of this Stipulation is conditioned on the District Court’s entry of
an Order retaining jurisdiction.
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GORDON LAW GROUP
/s/ Samuel J. Gordon
Samuel J. Gordon, Esq.
Counsel for Plaintiff, Julio Arevalo
Dated: /s/ Aug. 22, 2022
HOWARD ROME MARTIN & RIDLEY
LLP
/s/ Todd H. Master
Todd H. Master, Esq.
Counsel for (previously-dismissed)
Defendants, Palo Alto Police
Sgt. John Alaniz, Officer Nick Enberg,
Officer Brian Connelly, Officer Sascha
Priess
Dated: /s/ Aug. 3, 2022
RANKIN | STOCK | HEABERLIN, etc.
/s/ Jon A. Heaberlin
Jon A. Heaberlin, Esq.
Counsel for Defendants, City of Palo Alto,
Palo Alto Police Department, and
(previously-dismissed) Defendants Chief
Jonsen, and Lt. Becchetti.
Dated: /s/ Aug. 1, 2022
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DAVIS & YOUNG, APLC
ALLEN, GLAESSNER, HAZELWOOD
& WERTH, LLP
/s/ Kevin P. Allen
Kevin P. Allen, Esq.
Counsel for (previously-dismissed)
Defendants, Sgt. Dujuan E.
Green and Officer Ian Johnson
Dated: /s/ Aug. 4, 2022
/s/ Steven B. Dippell
Steven B. Dippell, Esq.
Counsel for (previously-dismissed)
Defendant, Police Agent
Thomas Alan DeStefano, Jr.
Dated: /s/ Aug. 1, 2022
ORDER
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THE PARTIES HAVING STIPULATED, the Court orders the following:
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1. This Court, and specifically Mag. Judge Laurel Beeler, shall retain jurisdiction
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pursuant to Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 (1994) to
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enforce the terms of this settlement, which were memorialized on the record
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before the Hon. Laurel Beeler on May 18, 2022, and which the main terms are
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as follows: a) The City of Palo Alto shall pay to Plaintiff Julio Arevalo the total
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-3STIPULATION AND (PROPOSED) ORDER DISMISSING REMAINDER OF CASE (INCLUDING DEFENDANT OF PALO ALTO) WITH
PREJUDICE, RETENTION OF JURISDICTION TO ENFORCE TERMS OF SETTLEMENT
Case 3:20-cv-04157-CRB Document 71 Filed 11/21/22 Page 4 of 4
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sum of $150,000; b) Plaintiff shall release all Defendants and associated parties
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which either were named or could have been named in this action; c) Plaintiff
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and his counsel The Gordon Law Group shall bear any liens which may exist in
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this matter, including but not limited to any liens for medical care or attorney’s
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fees; and d) Defendants disputed liability in this matter and the payment of this
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settlement is not to be construed as an admission of liability.
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2. Defendant CITY OF PALO ALTO (also sued as “City of Palo Alto Police
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Department”), and all remaining Defendants (including DOE Defendants) shall
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be dismissed with prejudice pursuant to FRCP 41(a)(1).
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IT IS SO ORDERED.
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DATED: November 21, 2022
By:
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JUDGE OF THE U.S. DISTRICT
COURT
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-4-
STIPULATION AND (PROPOSED) ORDER DISMISSING REMAINDER OF CASE (INCLUDING DEFENDANT OF PALO ALTO) WITH
PREJUDICE, RETENTION OF JURISDICTION TO ENFORCE TERMS OF SETTLEMENT
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