Dixon v. City of Oakland et al

Filing 84

Order by Magistrate Judge Donna M. Ryu granting 83 Stipulation.(dmrlc2, COURT STAFF) (Filed on 6/2/2014)

Case4:12-cv-05207-DMR Document83 Filed05/30/14 Page1 of 4

1
2
3
4
5
6
7

MICHAEL J. HADDAD (State Bar No. 189114)
JULIA SHERWIN (State Bar No. 189268)
GENEVIEVE K. GUERTIN (State Bar No. 262479)
T. KENNEDY HELM (State Bar No. 282319)
HADDAD & SHERWIN
505 Seventeenth Street
Oakland, California 94612
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff
PETER DIXON

8
9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11
12

PETER DIXON individually,
Plaintiff,

13
14
15
16
17
18
19
20
21
22
23
24

vs.
CITY OF OAKLAND and the
OAKLAND POLICE DEPARTMENT,
public entities, SERGEANT BERNARD
ORTIZ, OFFICER STEVEN TORIBIO,
OFFICER PATRICK GERRANS,
OFFICER ROBERT GERRANS,
OFFICER R. GARCIA, PERSONAL
PROTECTIVE SERVICES, INC., a
California corporation, DEMONT
MARROW, STANLEY TEETS,
MEREDITH WILSON, RENE GARCIA,
LADALE SLOCUM and DOES 5
through 10, individually, jointly and
severally,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. C12-5207 DMR

STIPULATION AND (PROPOSED)
ORDER TO SETTLE CASE,
VACATE TRIAL AND PRETRIAL
DATES, AND SET BRIEFING
SCHEDULE FOR PLAINTIFF’S
MOTION FOR REASONABLE
ATTORNEYS’ FEES

25
26
27
28

Case No. C12-5207 DMR: STIPULATION AND (PROPOSED) ORDER TO SETTLE CASE, VACATE TRIAL AND PRETRIAL
DATES, AND SET SCHEDULE FOR PLAINTIFF’S MOT FOR REASONABLE ATTORNEYS’ FEES
1

Case4:12-cv-05207-DMR Document83 Filed05/30/14 Page2 of 4

1

ALL PARTIES, THROUGH THEIR RESPECTIVE COUNSEL OF RECORD, HEREBY

2

STIPULATE THAT THE PARTIES HAVE AGREED TO SETTLE THIS CASE ON THE

3

FOLLOWING TERMS, AND REQUEST THIS COURT VACATE ALL PENDING TRIAL AND

4

PRETRIAL DATES, AND ORDER THE FURTHER PROCEEDINGS HEREIN STIPULATED:

5
6
7
8
9

Plaintiff Peter Dixon and Defendants City of Oakland, Bernard Ortiz, and Steven Toribio
agree to settle all of Plaintiff’s claims pending against them in this matter, including for damages,
attorneys’ fees, and other relief, for the total amount of Twenty-Five Thousand Dollars ($25,000),
subject to approval by the Oakland City Council. Counsel for the City of Oakland will take all

10

necessary action so that this matter may be reviewed and resolved expeditiously by the City Council

11

and City offices, and represents that final approval and issuance of a settlement check could be

12

obtained within sixty (60) days. These parties stipulate to a conditional dismissal of all claims

13
14
15
16
17
18

pending against Defendants City of Oakland, Bernard Ortiz, and Steven Toribio only.
Plaintiff Peter Dixon further stipulates to immediately dismiss with prejudice all remaining
claims pending against Defendants Police Officers Patrick Gerrans, Robert Gerrans, and Roberto
Garcia, each side to bear their own costs and attorneys’ fees related to such claims.
Plaintiff Peter Dixon and Defendants Personal Protective Services, Inc., Stanley Teets,

19

Demont Marrow, Meredith Wilson, Rene Garcia, and LaDale Slocum agree to settle all of

20

Plaintiff’s claims for damages pending against them for the total award of One Hundred, Ten

21
22
23
24

Thousand Dollars ($110,000), with Plaintiff’s claims for reasonable attorneys’ fees related to such
claims, including Plaintiff’s Bane Act claim (California Civil Code § 52.1), to be resolved by
motion to this Court, The Honorable Donna M. Ryu. The parties request the following briefing

25

schedule for Plaintiff’s motion for reasonable attorneys’ fees:

26

Plaintiff’s motion and opening brief filed by:

June 27, 2014

27

Defendants’ opposition filed by:

July 18, 2014

28

Case No. C12-5207 DMR: STIPULATION AND (PROPOSED) ORDER TO SETTLE CASE, VACATE TRIAL AND PRETRIAL
DATES, AND SET SCHEDULE FOR PLAINTIFF’S MOT FOR REASONABLE ATTORNEYS’ FEES
2

Case4:12-cv-05207-DMR Document83 Filed05/30/14 Page3 of 4

1
2

Plaintiff’s reply brief filed by:
Motion hearing date:

August 1, 2014

August 21, 2014 (preferred) or August 28, 2014

3
4
5
6
7
8

SO STIPULATED, AND THE PARTIES HEREBY REQUEST THAT TRIAL AND ALL
PENDING PRE-TRIAL DATES BE VACATED, AND THAT THIS STIPULATION BE SO
ORDERED:
DATED: May 30, 2014

9

/s/ Michael J. Haddad*

10

MICHAEL J. HADDAD
Attorneys for Plaintiff PETER DIXON

11
12

DATED: May 30, 2014

13
14

16
17

19
20
21
22
23

OFFICE OF THE CITY ATTORNEY OF
OAKLAND
/s/ Arlene M. Rosen*________________
ARLENE M. ROSEN, Senior Deputy City Attorney
Attorneys for Defendants CITY OF OAKLAND,
BERNARD ORTIZ, STEVEN TORIBIO, PATRICK
GERRANS, ROBERT GERRANS and R. GARCIA

15

18

HADDAD & SHERWIN

DATED: May 30, 2014

BREMER WHYTE BROWN & O’MEARA LLP
/s/ Raymond Meyer, Jr.*______________
RAYMOND MEYER, JR.
NICHOLAS C. YOUNG
Attorneys for Defendants PERSONAL PROTECTIVE
SERVICES, INC., DEMONT MARROW, STANLEY
TEETS, LADALE SLOCUM, MEREDITH WILSON
and RENE GARCIA

24
25
26

*Mr. Haddad, Ms. Rosen, and Mr. Meyer provided their consent that this document be
electronically filed.

27
28

Case No. C12-5207 DMR: STIPULATION AND (PROPOSED) ORDER TO SETTLE CASE, VACATE TRIAL AND PRETRIAL
DATES, AND SET SCHEDULE FOR PLAINTIFF’S MOT FOR REASONABLE ATTORNEYS’ FEES
3

Case4:12-cv-05207-DMR Document83 Filed05/30/14 Page4 of 4

(PROPOSED) ORDER

1
2

Pursuant to stipulation of the parties and good cause appearing therefore, IT IS SO

3

ORDERED. Further, the trial date and all pending pretrial dates in this matter are vacated.

4

Plaintiff’s motion for reasonable attorneys’ fees shall be briefed and heard on the following

5
6
7
8
9
10

schedule:
Plaintiff’s motion and opening brief filed by:

June 27, 2014

Defendants’ opposition filed by:

July 18, 2014

Plaintiff’s reply brief filed by:

August 1, 2014

Motion hearing date:

August 28, 2014

11
12
13
14
15
16

Dated: June 2, 2014

HONORABLE DONNA M. RYU
United States Magistrate Judge

17
18
19
20
21
22
23
24
25
26
27
28

Case No. C12-5207 DMR: STIPULATION AND (PROPOSED) ORDER TO SETTLE CASE, VACATE TRIAL AND PRETRIAL
DATES, AND SET SCHEDULE FOR PLAINTIFF’S MOT FOR REASONABLE ATTORNEYS’ FEES
4