Tennison v. City & County of San Francisco et al

Filing 606

STIPULATED CONSENT JUDGMENT AND ORDER OF DISMISSAL as to John Tennison, City and County of San Francisco, Prentice Earl Sanders and Napoelon Hendriz re 604 . Signed by Judge Claudia Wilken on 9/22/2009. (cp, COURT STAFF) (Filed on 9/22/2009)

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KEKER & VAN NEST LLP ELLIOT R. PETERS - #158708 DANIEL PURCELL - #191424 STEVEN P. RAGLAND - #221076 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Plaintiff JOHN TENNISON

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JOHN TENNISON, Plaintiff, v. CITY AND COUNTY OF SAN FRANCISCO; SAN FRANCISCO POLICE DEPARTMENT; PRENTICE EARL SANDERS; and NAPOLEON HENDRIX, Defendants.

Case No. C 04-00574 CW STIPULATED CONSENT JUDGMENT AND ORDER OF DISMISSAL UNDER FRCP 41(a)(2)

450667.02

STIPULATED CONSENT JUDGMENT AND ORDER OF DISMISSAL UNDER FRCP 41(a)(2)Case No. C 0400574 CW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: September 22, 2009 Dated: September 22, 2009 Dated: September 22, 2009

STIPULATION The undersigned parties, by and through their respective counsel, do hereby stipulate: WHEREAS, the parties are engaged in litigation in this Court, Case No. C 04-00574 CW (the "Action"); WHEREAS, the parties have agreed to resolve the Action pursuant to Settlement Agreements and Mutual Releases (the "Agreements"); and WHEREAS, said Agreements called for the entry of a Consent Judgment and Order of Dismissal upon the terms set forth in the Agreements; ACCORDINGLY, IT IS HEREBY STIPULATED AND JOINTLY REQUESTED that the Court enter the attached Consent Judgment and Order of Dismissal.

KEKER & VAN NEST, LLP

By: /s/ Elliot R. Peters ELLIOT R. PETERS Attorneys for Plaintiff JOHN TENNISON OFFICE OF THE CITY ATTORNEY

By: /s/ Joanne Hoeper JOANNE HOEPER Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO MOSCONE, EMBLIDGE & QUADRA, LLP

By: /s/ James A. Quadra JAMES A QUADRA Attorneys for Defendants PRENTICE EARL SANDERS and NAPOLEON HENDRIX

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STIPULATED CONSENT JUDGMENT AND ORDER OF DISMISSAL UNDER FRCP 41(a)(2)Case No. C 0400574 CW

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FILER'S ATTESTATION I, Daniel Purcell, the filer of this document, hereby attest that concurrence in the filing of this document has been obtained from each signatory hereto. Dated: September 22, 2009 By: /s/ Daniel Purcell DANIEL PURCELL

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450667.02

STIPULATED CONSENT JUDGMENT AND ORDER OF DISMISSAL UNDER FRCP 41(a)(2)Case No. C 0400574 CW

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CONSENT JUDGMENT AND [PROPOSED] ORDER OF DISMISSAL The Court enters this Consent Judgment and Order of Dismissal, based on the stipulation of the parties, plaintiff John J. Tennison ("Tennison"), on the one hand, and defendants City and County of San Francisco, and Prentice Earl Sanders and Napoleon Hendrix (collectively "Defendants"), on the other hand, in light of the following: WHEREAS, Tennison and Defendants are engaged in litigation in this Court, Case No. C 04-00574 CW (the "Action"); WHEREAS, Tennison and Defendants have agreed resolve the Action pursuant to Settlement Agreements and Mutual Releases (the "Agreements"); and WHEREAS, said Agreements called for the entry of this Consent Judgment and Order of Dismissal upon the terms set forth in the Agreement; ACCORDINGLY, IT IS HEREBY ORDERED AS FOLLOWS: 1. Tennison's claims, as set forth in his Amended Complaint filed August 27, 2009,

are dismissed with prejudice; 2. The dismissal set forth in paragraph 1 of this Judgment is made pursuant to

Federal Rule of Civil Procedure 41(a)(2) and is conditioned on the parties' compliance with the terms of the Agreements, which terms are incorporated herein and are made part of this Judgment; 3. The Court retains jurisdiction to enforce this Judgment and the incorporated

Agreement; and 4. fees to date. IT IS SO ORDERED. Dated: September 22, 2009 Other than as provided in the Agreements, each party is to bear its own costs and

________________________________________ THE HONORABLE CLAUDIA WILKEN United States District Judge

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450667.02

STIPULATED CONSENT JUDGMENT AND ORDER OF DISMISSAL UNDER FRCP 41(a)(2)Case No. C 0400574 CW