Muhammad v. People of California et al

Filing 167

JUDGMENT. Signed by Judge Yvonne Gonzalez Rogers on 5/9/12. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 5/9/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMES KARIM MUHAMMAD,

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Case No.: 10-CV-01449 YGR

Plaintiff,

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Northern District of California

United States District Court

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JUDGMENT

vs.
PEOPLE OF CALIFORNIA, JEFFREY STARK,
BOB CONNER, AND CYNTHIA CONEJO,

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Defendants.

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The above matter came on regularly for trial between two parties, Plaintiff James Karim

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Muhammad and Defendant Bob Conner on April 16, 2012. The Defendant People of California was

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previously dismissed without prejudice for lack of timely service, and Defendants Jeffrey Stark and

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Cynthia Cornejo (named above as Cynthia “Conejo”) were previously dismissed without leave to

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amend pursuant to an order granting in part a defense motion to dismiss. All Doe Defendants were

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dismissed at the time of the commencement of trial.

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Additionally, as a result of prior orders dated March 11, 2011 (Dkt. No. 62) and February 29,

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2012 (Dkt. No. 136), only one issue remained to be tried between the remaining two parties: a civil

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rights claim arising under 42 U.S.C. section 1983 for violation of the plaintiffs Fourth Amendment

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right based on an alleged failure to knock and announce. That issue was tried by a jury on April16-

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17, 2012, before the Honorable Yvonne Gonzalez Rogers, in the above-captioned court. Plaintiff

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James Karim Muhammad appeared at trial pro se and Defendant Bob Conner was represented at trial

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by Jill Sazama, Esq. and Gregory Rockwell, Esq. of Boornazian, Jensen & Garthe.

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The parties agreed to bifurcate the trial, such that the issue of liability would be decided first,

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and, if any liability was found, then the issue of damages would be tried. After hearing the evidence

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and the arguments of counsel, the jury was duly instructed by the Court as to the issue of liability, and

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the liability portion of the cause was submitted to the jury with directions to return a verdict on that

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issue. The jury deliberated, and on April 17, 2012, after returning into court and being called the

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jurors rendered their unanimous verdict in writing on the issue of liability, in favor of Bob Conner.

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Northern District of California

United States District Court

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It appears by reason of the above verdict, and by reason of the Court’s prior Orders in this
action, that a judgment shall be entered in this case as follows.
IT IS ORDERED THAT:
Judgment is entered in favor of Defendant Bob Conner; and that Plaintiff James Karim
Muhammad take nothing by way of his Complaint against this Defendant;

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Judgment pursuant to the Court’s March 11, 2011 Order Granting in Part Defendants’ Motion

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to Dismiss is entered in favor of Defendants Jeffrey Stark and Cynthia Cornejo; and that the Plaintiff

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James Karim Muhammad take nothing by way of his Complaint against these Defendants;

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Bob Conner, Jeffrey Stark and Cynthia Cornejo are prevailing parties for the purpose of any
recovery of allowed costs as set forth in Civil L.R. 54; and
A dismissal without prejudice based on failure to timely serve under Fed. R. Civ. P. 4(m) is
entered as to the Defendant named as People of California.
IT IS SO ORDERED.

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Date: May 9, 2012

_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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