Cotton et al v. City of Eureka, California et al

Filing 269

STIPULATION AND ORDER FOR TEMPORARY STAY OF ENFORCEMENT OF JUDGMENT. as to #261 Motion to Stay Enforcement of Judgment and #262 Motion to Shorten Time to Hear Motion to Stay Enforcement of Judgment. Signed by Judge Saundra Brown Armstrong, on 11/15/11. (lrc, COURT STAFF) (Filed on 11/16/2011) Modified on 11/17/2011 (jlm, COURT STAFF).

Case4:08-cv-04386-SBA Document268

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(SPACE BELOW FOR FILING STAMP ONLY)
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GEORGE E. MURPHY (SB# 91806)
SUZANNE M. NICHOLSON (SB# 208163)
MURPHY, CAMPBELL, GUTHRIE & ALLISTON
8801 Folsom Boulevard, Suite 230
Sacramento, CA 95826
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
NANCY K. DELANEY (SB# 70617)
NICHOLAS R. KLOEPPEL (SB# 186165)
MITCHELL BRISSO DELANEY & VRIEZE
814 Seventh Street
PO Drawer 1008
Eureka, CA 95502
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]

Murphy, Campbell, Guthrie
& Alliston

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Attorneys for Defendants CITY OF EUREKA,
ADAM LAIRD, JUSTIN WINKLE, and GARY WHITMER

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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SIEHNA M. COTTON, a minor, by Megan
McClure, her guardian ad litem; and MARTIN
COTTON, SR., an individual,

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Plaintiffs,
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vs.

Case No. C 08-04386 SBA
STIPULATION AND ORDER FOR
TEMPORARY STAY OF
ENFORCEMENT OF JUDGMENT
PENDING DISPOSITION OF
DEFENDANTS’ POST-TRIAL MOTIONS

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CITY OF EUREKA, CALIFORNIA, a political
subdivision of the State of California, et al.,
Defendants.

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The parties to this action, by and through their attorneys of record, do hereby enter into the
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following stipulation:
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WHEREAS judgment was entered in this matter in favor of plaintiffs and against defendants
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herein on September 23, 2011;
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-1STIPULATION AND ORDER FOR TEMPORARY STAY OF ENFORCEMENT OF JUDGMENT PENDING
DISPOSITION OF DEFENDANTS’ POST-TRIAL MOTIONS
CASE NO. C 08-04386 SBA

Case4:08-cv-04386-SBA Document268

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WHEREAS the automatic stay of enforcement of a money judgment pursuant to Fed. R. Civ.
P. rule 62(a) has expired;
WHEREAS defendants have filed a motion for new trial, or in the alternative, judgment as a
matter of law, currently set to be heard on February 14, 2012;

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WHEREAS defendants have also filed a motion to stay enforcement of the judgment without

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the need for a bond, or in the alternative, to determine the amount and nature of security required to

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obtain a stay pursuant to Fed. R. Civ. P. rule 62(d) pending any appeal, which motion is also set to be

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heard on February 14, 2012; and
WHEREAS defendants desire a temporary stay of enforcement of the judgment pending the

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court’s disposition of the aforementioned motions, and plaintiffs desire reassurance that defendants

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Murphy, Campbell, Guthrie
& Alliston

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will maintain the financial wherewithal to satisfy the judgment and/or secure any bond that may be

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required at the hearing on defendants’ motion to stay;

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THE PARTIES DO HEREBY STIPULATE AS FOLLOWS:

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1. The parties stipulate to an order temporarily staying enforcement of the September 23,

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2011 judgment pending the disposition of the post-trial motions currently set to be heard

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on February 14, 2012;

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2. The parties further stipulate that defendants shall notify plaintiffs’ counsel immediately

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should there be any change in defendants’ coverage for said judgment, such as the

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issuance of a reservation of rights, or a material change in the financial condition of either

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of the self-insured joint powers authorities of which defendant City of Eureka is a member

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(REMIF and CJPRMA).

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3. Plaintiffs reserve the right to move the Court to modify or lift the temporary stay for good
cause.
4. Any stay of enforcement following the disposition of the aforementioned motions shall be
on such terms and conditions as ordered by the court.

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SO STIPULATED:

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-2STIPULATION AND ORDER FOR TEMPORARY STAY OF ENFORCEMENT OF JUDGMENT PENDING
DISPOSITION OF DEFENDANTS’ POST-TRIAL MOTIONS
CASE NO. C 08-04386 SBA

Case4:08-cv-04386-SBA Document268

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DATED: November 15, 2011

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MURPHY, CAMPBELL, GUTHRIE & ALLISTON

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By:

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/s/ George E. Murphy
Attorneys for Defendants City of Eureka et al.

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DATED: November 15, 2011

LAW OFFICES OF VICKI I. SARMIENTO

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By:

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/s/ Vicki I. Sarmiento
Attorneys for Plaintiff Siehna Cotton

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DATED: November 15, 2011

LAW OFFICES OF DALE K. GALIPO

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Murphy, Campbell, Guthrie
& Alliston

By:
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/s/ Dale K. Galipo
Attorneys for Plaintiff Martin Cotton

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ORDER

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Upon the parties’ stipulation as set forth above, IT IS SO ORDERED.

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11/15/11
DATED:______________

_______________________________
Hon. Saundra B. Armstrong
U.S. District Court Judge

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-3STIPULATION AND ORDER FOR TEMPORARY STAY OF ENFORCEMENT OF JUDGMENT PENDING
DISPOSITION OF DEFENDANTS’ POST-TRIAL MOTIONS
CASE NO. C 08-04386 SBA

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