Pizzo v. Newsom et al

Filing 121

ORDER GRANTING 120 Stipulation. Signed by Judge Claudia Wilken on 1/23/2013. (ndr, COURT STAFF) (Filed on 1/23/2013)

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1 2 3 4 5 6 7 8 DENNIS J. HERRERA, State Bar #139669 City Attorney WAYNE SNODGRASS, State Bar #148137 CHRISTINE VAN AKEN, State Bar #241755 Deputy City Attorneys 1 Dr. Carlton B. Goodlett Place City Hall, Room 234 San Francisco, California 94102-4682 Telephone: (415) 554-4633 Facsimile: (415) 554-4699 E-Mail: christine.van.aken@sfgov.org Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO and ITS OFFICIALS 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 18 19 20 THERESE MARIE PIZZO, Plaintiff, vs. Case No. C09-4493 CW STIPULATION BY PARTIES TO SET ASIDE CITY AND COUNTY OF SAN FRANCISCO’S COST BILL CITY AND COUNTY OF SAN FRANCISCO; EDWIN LEE, in his official capacity as Mayor of the City and County of San Francisco; GREG SUHR, in his official capacity as San Francisco Police Chief; ROSS MIRKARIMI, in his official capacity as San Francisco Sheriff; and STATE OF CALIFORNIA ATTORNEY GENERAL KAMALA HARRIS, in her official capacity, Defendants. 21 22 23 24 25 26 27 28 WHEREAS, the District Court entered summary judgment in favor of all Defendants on December 5, 2012, and the Court’s ordered provided that Defendants shall recover their costs from Plaintiff (Dkt. 112); WHEREAS, the clerk of the district court entered judgment that Plaintiff shall take nothing from her complaint on December 6, 2012 (Dkt. 113); STIPULATION TO SET ASIDE CITY’S COST BILL; C09-4493 CW 1 n:\govlit\li2012\100363\00820391.doc 1 WHEREAS, the City and County of San Francisco and its officials Mayor Edwin Lee, Police 2 Chief Greg Suhr, and Sheriff Ross Mirkarimi (collectively “City”) filed a cost bill on December 18, 3 2012 seeking costs in the amount of $4,653.40 (Dkt. 114); 4 5 6 7 WHEREAS, the clerk of the district court taxed costs incurred by the City in the amount of $4,613.40 against Plaintiff on January 4, 2013 (Dkt. 118); WHEREAS, the City agrees to set aside its request for costs and the inclusion of costs in the amount of $4,613.40 in the judgment. 8 The parties to this Stipulation therefore stipulate and agree as follows: 9 The inclusion of costs in the amount of $4,613.40 in the judgment, payable by Plaintiff to the 10 City, shall be set aside. Nothing in this stipulation affects the entitlement of any other party to recover 11 costs from Plaintiff. 12 IT IS SO STIPULATED. 13 14 Dated: January 22, 2013 DENNIS J. HERRERA City Attorney WAYNE SNODGRASS CHRISTINE VAN AKEN Deputy City Attorneys 15 16 17 By: 18 19 Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO and ITS OFFICIALS ER H 28 STIPULATION TO SET ASIDE CITY’S COST BILL; C09-4493 CW 2 R NIA ilken laudia W Judge C FO RT 27 **Pursuant to GO 45, the electronic signatory has obtained approval from this signatory. NO 26 DERED O OR IT IS S LI 25 By: **s/Gary W. Gorski GARY W. GORSKI Attorney for Plaintiff THERESE MARIE PIZZO S DISTRICT TE C TA A 24 THE LAW OFFICES OF GARY W. GORSKI RT U O 23 Dated: January 22, 2013 UNIT ED 22 S 20 21 s/Christine Van Aken CHRISTINE VAN AKEN N F D IS T IC T O R C n:\govlit\li2012\100363\00820391.doc

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