Tennison v. City & County of San Francisco et al

Filing 607

ORDER re (605 in 4:04-cv-00574-CW) granting STIPULATED CONSENT JUDGMENT AND ORDER OF DISMISSAL UNDER FRCP 41(a)(2). Signed by Judge Claudia Wilken on 9/25/09. (scc, COURT STAFF) (Filed on 9/25/2009)

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JOHN HOUSTON SCOTT SBN 72578 THE SCOTT LAW FIRM 1388 Sutter Street, Suite 715 San Francisco, California 94109 Telephone: [phone] Facsimile: [phone] RANDOLPH DAAR SBN 88195 506 Broadway St. San Francisco, CA 94133 Telephone: [phone] Fax: [phone] Attorneys for Plaintiff ANTOINE GOFF

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ANTOINE GOFF, 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 Conslidated w/ C 04-01643 CW STIPULATED CONSENT JUDGMENT AND ORDER OF DISMISSAL UNDER FRCP 41(a)(2)

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STIPULATED CONSENT JUDGMENT AND ORDER OF DISMISSAL UNDER FRCP 41(a)(2)

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 23, 2009 Dated: September 23, 2009 Dated: September 23, 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. Case No. C 0401643 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 Agreement; ACCORDINGLY, IT IS HEREBY STIPULATED AND JOINTLY REQUESTED that the Court enter the attached Consent Judgment and Order of Dismissal.

THE SCOTT LAW FIRM

By: /s/ John Houston Scott JOHN HOUSTON SCOTT Attorneys for Plaintiff ANTOINE GOFF 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)

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CONSENT JUDGMENT AND ORDER OF DISMISSAL The Court enters this Consent Judgment and Order of Dismissal, based on the stipulation of the parties, plaintiff Antoine Goff ("Goff"), 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, Goff and Defendants are engaged in litigation in this Court, Case No. C 0401643 CW (the "Action"); WHEREAS, Goff 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. Goff's claims, as set forth in his Amended Complaint filed September 3, 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 Agreement, 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. Other than as provided in the Agreements, each party is to bear its own costs and

Dated: September __25_, 2009

_________________________________________ THE HONORABLE CLAUDIA WILKIN United States District Judge

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STIPULATED CONSENT JUDGMENT AND ORDER OF DISMISSAL UNDER FRCP 41(a)(2)