Dixon v. City of Oakland et al
Filing
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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
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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: (510) 452-5500
Fax: (510) 452-5510
Attorneys for Plaintiff
PETER DIXON
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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PETER DIXON individually,
Plaintiff,
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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.
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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
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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
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Case4:12-cv-05207-DMR Document83 Filed05/30/14 Page2 of 4
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ALL PARTIES, THROUGH THEIR RESPECTIVE COUNSEL OF RECORD, HEREBY
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STIPULATE THAT THE PARTIES HAVE AGREED TO SETTLE THIS CASE ON THE
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FOLLOWING TERMS, AND REQUEST THIS COURT VACATE ALL PENDING TRIAL AND
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PRETRIAL DATES, AND ORDER THE FURTHER PROCEEDINGS HEREIN STIPULATED:
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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
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necessary action so that this matter may be reviewed and resolved expeditiously by the City Council
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and City offices, and represents that final approval and issuance of a settlement check could be
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obtained within sixty (60) days. These parties stipulate to a conditional dismissal of all claims
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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,
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Demont Marrow, Meredith Wilson, Rene Garcia, and LaDale Slocum agree to settle all of
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Plaintiff’s claims for damages pending against them for the total award of One Hundred, Ten
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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
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schedule for Plaintiff’s motion for reasonable attorneys’ fees:
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Plaintiff’s motion and opening brief filed by:
June 27, 2014
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Defendants’ opposition filed by:
July 18, 2014
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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
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Case4:12-cv-05207-DMR Document83 Filed05/30/14 Page3 of 4
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Plaintiff’s reply brief filed by:
Motion hearing date:
August 1, 2014
August 21, 2014 (preferred) or August 28, 2014
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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
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/s/ Michael J. Haddad*
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MICHAEL J. HADDAD
Attorneys for Plaintiff PETER DIXON
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DATED: May 30, 2014
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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
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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
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*Mr. Haddad, Ms. Rosen, and Mr. Meyer provided their consent that this document be
electronically filed.
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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
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Case4:12-cv-05207-DMR Document83 Filed05/30/14 Page4 of 4
(PROPOSED) ORDER
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Pursuant to stipulation of the parties and good cause appearing therefore, IT IS SO
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ORDERED. Further, the trial date and all pending pretrial dates in this matter are vacated.
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Plaintiff’s motion for reasonable attorneys’ fees shall be briefed and heard on the following
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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
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Dated: June 2, 2014
HONORABLE DONNA M. RYU
United States Magistrate Judge
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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
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