Fernandez v. Taser International, Inc. et al

Filing 84

STIPULATION AND ORDER RE HEARING OF PETITION FOR COMPROMISE OF MINOR'S CLAIM: That the hearing shall be heard before Magistrate Judge Maria-Elena James and without notice requirements on shortening time. Signed by Judge Saundra Brown Armstrong, on 2/10/09. (lrc, COURT STAFF) (Filed on 2/11/2009) Modified on 2/12/2009 (jlm, COURT STAFF).

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1 2 3 4 5 6 7 8 9 10 11 12 SCARLETT LAW GROUP 536 Pacific Avenue San Francisco, CA 94133 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RANDALL H. SCARLETT SBN 135554 ROBERT E. ORMISTON SBN 141857 Scarlett Law Group 536 Pacific Ave. San Francisco, CA 94133 Telephone 415 3526264 Facsimile 415 3526265 rscarlett@scarlettlawgroup.com reormiston@scarlettlawgroup.com CAL J. POTTER III Nevada Bar No. 001988 Potter Law Offices 1125 Shadow Lane Las Vegas, NV 89102 Telephone: 702 3851954 Facsimile: 702 3859081 lpotter@potterlawoffices.com Attorneys for KARLA FERNANDEZ, Individually and as Guardian ad Litem for MAURICIO FERNANDEZ, a minor, as the heirs of Carlos CasillasFernandez, Deceased UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ OAKLAND BRANCH KARLA FERNANDEZ, Individually and as Guardian ad Litem for MAURICIO FERNANDEZ, a minor, as the heirs of Carlos Casillas Fernandez, Deceased, Plaintiffs, vs. TASER INTERNATIONAL, INC., et al., Defendants. Case No.: C 06 4371 SBA STIPULATION AND ORDER RE HEARING OF PETITION FOR COMPROMISE OF MINOR'S CLAIM STIPULATION & PROPOSED ORDER RE HEARING ON PETITION FOR COMPROMISE OF MINOR'S CLAIM (Case No. C 06-64371 SBA) 1 1 2 3 4 5 6 7 8 9 10 11 12 IT IS HEREBY STIPULATED and AGREED that settlement of this entire matter has been reached in the amount of $205,000.00 Two Hundred Five Thousand Dollars ;, representing total payment for the claims of Karla Fernandez, Individually and as Guardian ad Litem of Mauricio Fernandez, a Minor. All parties seek judicial approval of plaintiffs' Petition for Compromise of Minor's Claim; All parties hereto Stipulate they did so on the record at the time settlement was entered before Magistrate Judge MariaElena James to Magistrate Judge James hearing the Petition for Compromise of Minor's Claim and otherw ise concluding the instant action. Defendants, CITY OF SANTA ROSA, SANTA ROSA POLICE, CHIEF EDWIN SCARLETT LAW GROUP 536 Pacific Avenue San Francisco, CA 94133 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FLINT, SANTA ROSA POLICE OFFICERS BRIAN SINIGIANI, MATTHEW SANCHEZ, DANIEL JONES, JAMES GRIFFIN, ROBERT ST. PIERRE and GARY NEGRI hereby waive all applicable statutory notice requirements for hearing of Petition for Compromise of Minor's Claim; and agree that Magistrate Judge James may set the matter for a hearing forthwith. Dated: February ___, 2009 SCARLETT LAW GROUP By_______________________________________ RANDALL H. SCARLETT Attorney for Plaintiffs, KARLA FERNANDEZ, Individually and as Guardian ad Litem for MAURICIO FERNANDEZ, a Minor, as the heirs of Carlos CasillasFernandez, Deceased STIPULATION & PROPOSED ORDER RE HEARING ON PETITION FOR COMPROMISE OF MINOR'S CLAIM (Case No. C 06-64371 SBA) 2 1 2 3 4 5 6 7 8 9 10 11 12 Dated: February ___, 2009 CITY OF SANTA ROSA By_______________________________________ MATTHEW J. LE BLANC, ESQ. Attorney for Defendants, CITY OF SANTA ROSA, SANTA ROSA POLICE, CHIEF EDWIN FLINT, SANTA ROSA POLICE OFFICERS BRIAN SINIGIANI, MATTHEW SANCHEZ, DANIEL JONES, JAMES GRIFFIN, ROBERT ST. PIERRE and GARY NEGRI ORDER Pursuant to Stipulation of the parties hereto, the hearing of Petition for SCARLETT LAW GROUP 536 Pacific Avenue San Francisco, CA 94133 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Compromise of Minor's Claim shall be heard by Magistrate MariaElena James and without the applicable statutory notice requirements on shortened time. Dated: February 10, 2009 _________________________________________________ SAUNDRA B. ARMSTRONG Judge Of The United States District Court STIPULATION & PROPOSED ORDER RE HEARING ON PETITION FOR COMPROMISE OF MINOR'S CLAIM (Case No. C 06-64371 SBA) 3 1 2 3 4 5 6 7 8 9 10 11 12 PROOF OF SERVICE I declare that I am employed in the County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause; my business address is 536 Pacific Avenue, San Francisco, California 94133. On the date set forth below, I served the attached PLAINTIFFS' OPPOSITIONS TO DEFENDANTS' MOTIONS IN LIMINE in said cause, by placing a true copy thereof enclosed in a sealed envelope addressed as follows: Matthew J. LeBlanc, Esq. Asst. City Attorney City of Santa Rosa 100 Santa Rosa Avenue Santa Rosa, CA 95402 Fax (707) 543-3055 () BY MAIL I placed each such sealed envelope in the outgoing mail receptacle for collection and mailing with postage thereon fully prepaid, at San Francisco, California, following ordinary business practices. I am readily familiar with the practice of the Scarlett Law Group for processing of outgoing mail, said practice being that in the ordinary course of business, said outgoing mail is deposited in the United States Postal Service the same day as it is placed for processing. SCARLETT LAW GROUP 536 Pacific Avenue San Francisco, CA 94133 13 14 15 16 17 18 19 ( ) BY OVERNIGHT 20 21 22 23 24 25 26 27 28 (XX) BY PERSONAL SERVICE: (__) (__) DELIVERY SERVICE BY FACSIMILE I personally delivered by hand to the addressee(s) noted above. The messenger who made personal, hand delivery has executed a proof of service and it follows this page. I packaged and arranged for overnight service pursuant to the provisions of the California Code of Civil Procedure. I transmitted the contents of said envelope to be delivered by Facsimile machine at the number(s) set forth above. I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct except as to those matters stated on information and belief and as to those matters, I believe it to be true. DATED: February 3, 2009 _______________________________ DEBORAH M. SWANN STIPULATION & PROPOSED ORDER RE HEARING ON PETITION FOR COMPROMISE OF MINOR'S CLAIM (Case No. C 06-64371 SBA) 4

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