Gomez v. City of Fremont et al

Filing 107

ORDER GRANTING 106 Stipulation filed by Timothy Baldocchi, Craig Steckler, Matthew Snelson, City of Fremont, Jose Higareda Gomez. Signed by Judge Beeler on 3/25/11. (lblc2, COURT STAFF) (Filed on 3/25/2011)

1 2 3 4 5 6 7

LATHAM & WATKINS LLP Robert E. Sims (Bar No. 116680) [e-mail] Danielle A. Lackey (Bar No. 252062) [e-mail] Ana Vohryzek-Griest (BarNo. 268102) [e-mail] 505 Montgomery Street, Suite 2000 San Francisco, California 94111-6538 Telephone: [phone] Facsimile: 415.395.8095 Attorneys for Plaintiff JOSE HIGAREDA GOMEZ

8 9
UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA
11

OAKLAND DIVISION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
CASE NO. C07-00005 LB STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL WITH PREJUDICE

JOSE HIGAREDA GOMEZ, Plaintiff,

CASE NO. C07-00005 LB

STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL WITH PREJUDICE

v.
CITY OF FREMONT, et aI., Defendants.

1
2

WHEREAS, Plaintiff Jose Higareda Gomez ("Plaintiff') filed this action against the City of Fremont, Police Chief Craig Steckler, and police officers Timothy Baldocchi and Matthew Snelson ("Defendants") for money damages pursuant to 42 U.S.C. Sections 1983 and 1988, and the Fourth, Eighth and Fourteenth Amendments of the United States Constitution, and under the common and statutory law of the State of California; WHEREAS, Plaintiff and Defendants ("Parties") have entered into a Settlement Agreement requiring the filing of this Stipulation and [Proposed] Order for Dismissal with Prejudice; NOW THEREFORE, the Parties, through their respective counsel of record, hereby stipulate as follows:

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

1. All claims by Plaintiff against Defendants are dismissed with prejudice. 2. In consideration of this dismissal, the City of Fremont will pay to Plaintiff the
total sum of eighty thousand dollars and no cents ($80,000.00).

3. All Parties shall bear their own costs, expenses, and fees.

Respectfully submitted.

DATED: March 1),2011

SLLP By __~~~~_________ Dam e A. Lackey Attorneys for Plaintiff JOSE HIGAREDA GOMEZ

DATED: March ~d; 2011

Gregory . x Attorney for Defendants CITY OF FREMONT, FREMONT POLICE CHIEF CRAIG STECKLER and OFFICERS TIMOTHY BALDOCCHI and MATTHEW SNELSON

CASE NO. C07-00005 LB STIPULA nON AND [PROPOSED] ORDER FOR DISMISSAL WITH PREJUDICE

1
2 3

ORDER PURSUANT TO STIPULATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the complaint of Plaintiff Jose Higareda Gomez against the Defendants City of
Fremont, Police Chief Craig Steckler, and police officers Timothy Baldocchi and Matthew Snelson, be and is hereby dismissed in its entirety with prejudice. Each party shall bear its own costs and attorneys fees. SO ORDERED.

4
5
6 7
8

UNIT ED

S

S DISTRICT TE C TA

9 Dated: March 25, 2011 10 11 12
13

ER

N

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
2

D IS T IC T R

OF

CASE NO. C07-00005 LB STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL WITH PREJUDICE

A

C

LI

FO

Laurel Beeler UNITED STATES MAGISTRATE JUDGE eler

Judge L

aurel B

e

R NIA

O OR IT IS S

DERED

RT U O

NO

RT

H