Ellis v. Navarro et al

Filing 136

STIPULATION AND ORDER re 135 STIPULATION WITH PROPOSED ORDER to Enlarge Conditional Dismissal Period filed by Nicholas Bart Ellis, Brian Gardner, Frederick Juarez, Anthony Navarro, Chirs E. Wilber. Signed by Judge ARMSTRONG on 9/19/12. (lrc, COURT STAFF) (Filed on 9/21/2012)

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PILLSBURY WINTHROP SHAW PITTMAN LLP
THOMAS V. LORAN III (SBN 95255)
MARC H. AXELBAUM (SBN 209855)
WESLEY M. SPOWHN (SBN 252939)
50 Fremont Street
Post Office Box 7880
San Francisco, CA 94120-7880
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiff
NICHOLAS BART ELLIS

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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NICHOLAS BART ELLIS,

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Plaintiff,
vs.

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A. NAVARRO, et al.,
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Defendants.

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No. C 07-5126 SBA (pr)
STIPULATION AND ORDER TO
ENLARGE CONDITIONAL
DISMISSAL PERIOD
Courtroom: 1
Judge: Hon. Saundra Brown Armstrong

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703893336v1

Stip. and Prop. Order To
Enlarge Conditional Dismissal Period
Case No. C 07-5126 SBA (PR)

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Plaintiff Nicholas Bart Ellis and Defendants A. Navarro, F. Juarez and B. Gardner
(collectively, the “Parties”)1 hereby stipulate as follows:

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STIPULATION

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WHEREAS the parties conducted a settlement conference on August 22, 2012

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before Hon. Laurel Beeler and agreed to settle the above-captioned action;

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WHEREAS the parties’ agreement to settle the action was conditioned upon, inter

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alia, (1) the execution of a written release and settlement agreement, (2) the payment of a

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settlement sum to Plaintiff, and (3) Plaintiff’s dismissal of the action with prejudice after

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his receipt of the settlement sum;

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WHEREAS the parties have negotiated a written release and settlement agreement

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and expect Plaintiff to be paid the settlement sum within six months of the execution of the

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written release and settlement agreement, but no later than April 1, 2013;

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WHEREAS the Court issued an Order of Conditional Dismissal on August 23,

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2012, ordering that the action is dismissed with prejudice, provided that the parties may

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move to reopen the case and the trial will be rescheduled if a motion is filed within 30 days

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of the Order;

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WHEREAS the parties agree that the action should be conditionally dismissed

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pending Plaintiff’s receipt of the settlement sum, pursuant to the written release and

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settlement agreement, which is expected to occur in approximately six months, but no later

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than April 1, 2013;

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WHEREAS Plaintiff agrees to dismiss the action with prejudice within ten days of
his receipt of the settlement sum, expected to occur no later than April 1, 2013;

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NOW, THEREFORE, the Parties, through their undersigned counsel, stipulate and
request that the Court order that the Conditional Dismissal Period be enlarged so that

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On June 18, 2010, the Parties entered into a Stipulation and [Proposed] Order voluntarily
dismissing Defendant C.E. Wilber pursuant to Federal Rule of Civil Procedure
41(a)(1)(A). Dkt. 34.
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703893336v1

Stip. and Prop. Order To
Enlarge Conditional Dismissal Period
Case No. C 07-5126 SBA (PR)

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Plaintiff may dismiss the action with prejudice within ten days of his receipt of the

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settlement sum, which is expected to occur no later than April 1, 2013.

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Dated: September 19, 2012

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PILLSBURY WINTHROP SHAW PITTMAN LLP
THOMAS V. LORAN III
MARC H. AXELBAUM
WESLEY M. SPOWHN
50 Fremont Street
Post Office Box 7880
San Francisco, CA 94120-7880

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By

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/s/ Wesley M. Spowhn
Wesley M. Spowhn

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Attorneys for Plaintiff NICHOLAS BART ELLIS
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ANDRADA & ASSOCIATES
J. RANDALL ANDRADA
MATTHEW ROMAN
180 Grand Avenue, Suite 225
Oakland, CA 94612

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By

/s/ Matthew Roman
Matthew Roman

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Attorneys for Defendants
SERGEANT A. NAVARRO;
CORRECTIONAL OFFICER F. JUAREZ
CORRECTIONAL OFFICER B. GARDNER; AND
APPEALS COORDINATOR C.E. WILBER

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-2703893336v1

Stip. and Prop. Order To
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Case No. C 07-5126 SBA (PR)

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DECLARATION PURSUANT TO GENERAL ORDER 45, § X.B

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I, Wesley M. Spowhn, hereby declare pursuant to General Order 45, § X.B, that I

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have obtained the concurrence in the filing of this document from the signatory listed

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above.

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I declare under penalty of perjury that the foregoing declaration is true and correct.

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Executed on September 19, 2012, at San Francisco, California.

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By

/s/ Wesley M. Spowhn
Wesley M. Spowhn

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Attorney for Plaintiff NICHOLAS BART ELLIS
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Stip. and Prop. Order To
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Case No. C 07-5126 SBA (PR)

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ORDER

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IT IS SO ORDERED.

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_9/19/12

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The Hon. Saundra Brown Armstrong
United States District Judge

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Stip. and Prop. Order To
Enlarge Conditional Dismissal Period
Case No. C 07-5126 SBA (PR)