Clifton v. City and County of San Francisco

Filing 40

STIPULATION AND ORDER re 39 STIPULATION WITH PROPOSED ORDER [PROPOSED] ORDER DISMISSING PLAINTIFFS MONELL CLAIM AND ANY CLAIM BASED ON ENTERING AND SEARCH OF RESIDENCE filed by Constantine Zachos, Joseph Obidi, David Clifton, City and County of San Francisco, Blake Cunningham, Mario Molina. Signed by Magistrate Judge Kandis A. Westmore on 9/10/15. (sisS, COURT STAFF) (Filed on 9/10/2015)

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DENNIS J. HERRERA, State Bar #139669
City Attorney
CHERYL ADAMS, State Bar #164194
Chief Trial Deputy
MARGARET W. BAUMGARTNER, State Bar #151762
Deputy City Attorney
Fox Plaza
1390 Market Street, 6th Floor
San Francisco, California 94102-5408
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]

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Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO,
BLAKE CUNNINGHAM, CONSTANTINE
ZACHOS, JOSEPH OBIDI and MARIO MOLINA

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
DAVID CLIFTON,
Plaintiff,
vs.
CITY AND COUNTY OF SAN
FRANCISCO; and OFFICERS DOES 1-20,

Case No. C14-03539 KAW
[PROPOSED] ORDER DISMISSING
PLAINTIFF’S MONELL CLAIM AND ANY
CLAIM BASED ON ENTERING AND SEARCH
OF RESIDENCE
Trial Date:

Jan. 11, 2016

Defendants.

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Order Dismissing Claims
Case No. C14-03539 KAW

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STIPULATION

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WHEREAS Plaintiff David Clifton included in his amended complaint as the Second Cause of

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Action a claim against the City and County of San Francisco;
WHEREAS Plaintiff agreed that rather than the City filing a summary judgment motion that

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Plaintiff would dismiss the claim against the City;
WHEREAS Plaintiff included in his amended complaint allegations that San Francisco Police

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Officer illegal entered and searched his residence;
WHEREAS Plaintiff admits that at the time of the incident he had a search condition that

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allowed the officers to lawfully enter and search his residence and person; and
WHEREAS Plaintiff agreed that rather than all Defendants filing a motion for summary

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judgment on Plaintiff’s claim of illegal entry and/or illegal search that Plaintiff would dismiss that

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claim;

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NOW THEREFORE BE IT STIPULATED THAT:

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1. Plaintiff dismisses his second cause of action against the City and County of San Francisco

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with prejudice.

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2. Plaintiff dismisses with prejudice any portion of his first cause of action against all

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individual Defendants for violation of the Fourth Amendment to the extent that the claim includes a

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claim that the officers unlawfully entered and/or searched his residence.

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SO STIPULATED.

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Dated: September 3, 2015

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DENNIS J. HERRERA
City Attorney
MARGARET W. BAUMGARTNER
Deputy City Attorney
By: /s/ Margaret W. Baumgartner
MARGARET W. BAUMGARTNER
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO ET AL.

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Dated: September 3, 2015

LAW OFFICE OF STANLEY GOFF
By: /s/ Stanley Goff
STANLEY GOFF
Attorney for Plaintiff David Clifton

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Order Dismissing Claims
Case No. C14-03539 KAW

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PROPOSED ORDER

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For good cause shown, and pursuant to agreement of the parties, Plaintiff’s second cause of

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action against the City is dismissed with prejudice, and that any portion of Plaintiff’s first cause of

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action based on an allegation that officers illegal entered or/or searched his residence are both

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dismissed with prejudice.

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SO ORDERED.

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9/10/15
Date: _____________

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_____________________________________
UNITED STATES MAGISTRATE JUDGE
KANDIS A. WESTMORE

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Order Dismissing Claims
Case No. C14-03539 KAW

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