Arevalo v. Palo Alto Police Department et al

Filing 71

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)

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Case 3:20-cv-04157-CRB Document 71 Filed 11/21/22 Page 1 of 4 4 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 5 Attorney for Plaintiff JULIO AREVALO 6 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 1 2 3 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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. 21 22 23 24 25 26 27 28 -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 1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN FRANCISCO DIVISION Case No.: 3:20-CV-04157-CRB 6 JULIO AREVALO, 7 Plaintiff, 8 vs. 9 10 CITY OF PALO ALTO, et al., 11 Defendants, 12 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 13 their designated counsel that: 14 1. The Court, and specifically Mag. Judge Laurel Beeler, shall retain jurisdiction 15 pursuant to Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 (1994) to 16 enforce the terms of this settlement, which were memorialized on the record 17 before the Hon. Laurel Beeler on May 18, 2022, and which the main terms are 18 as follows: a) The City of Palo Alto shall pay to Plaintiff Julio Arevalo the total 19 sum of $150,000; b) Plaintiff shall release all Defendants and associated parties 20 which either were named or could have been named in this action; c) Plaintiff 21 and his counsel The Gordon Law Group shall bear any liens which may exist in 22 this matter, including but not limited to any liens for medical care or attorney’s 23 fees; and d) Defendants disputed liability in this matter and the payment of this 24 settlement should not be construed as an admission of liability. 25 26 27 28 1 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 1 2. Defendant CITY OF PALO ALTO (also sued as “City of Palo Alto Police 2 Department”), and all remaining Defendants (including DOE Defendants) shall 3 be dismissed with prejudice pursuant to FRCP 41(a)(1); and 4 5 3. The effectiveness of this Stipulation is conditioned on the District Court’s entry of an Order retaining jurisdiction. 6 7 8 9 10 11 12 13 14 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 15 16 17 18 19 20 21 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 22 THE PARTIES HAVING STIPULATED, the Court orders the following: 23 1. This Court, and specifically Mag. Judge Laurel Beeler, shall retain jurisdiction 24 pursuant to Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 (1994) to 25 enforce the terms of this settlement, which were memorialized on the record 26 before the Hon. Laurel Beeler on May 18, 2022, and which the main terms are 27 as follows: a) The City of Palo Alto shall pay to Plaintiff Julio Arevalo the total 28 -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 1 sum of $150,000; b) Plaintiff shall release all Defendants and associated parties 2 which either were named or could have been named in this action; c) Plaintiff 3 and his counsel The Gordon Law Group shall bear any liens which may exist in 4 this matter, including but not limited to any liens for medical care or attorney’s 5 fees; and d) Defendants disputed liability in this matter and the payment of this 6 settlement is not to be construed as an admission of liability. 7 2. Defendant CITY OF PALO ALTO (also sued as “City of Palo Alto Police 8 Department”), and all remaining Defendants (including DOE Defendants) shall 9 be dismissed with prejudice pursuant to FRCP 41(a)(1). 10 11 IT IS SO ORDERED. 12 DATED: November 21, 2022 By: 13 JUDGE OF THE U.S. DISTRICT COURT 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -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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