Estate of Gurmit Singh et al v. City of Gilroy et al

Filing 194

STIPULATION AND ORDER GRANTING REQUEST VACATING PRIOR ORDER TO FILE PROPOSED JUDGMENT re #193 Proposed Order. The parties shall file a brief joint statement updating the court on the progress of the settlement by 6/22/2012 unless a request for dismissal has been submitted prior to that date. Signed by Judge Edward J. Davila on 5/22/2012. (ecg, COURT STAFF) (Filed on 5/22/2012)

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#65909-3-104
TIMOTHY J. SCHMAL, ESQ.
#104874
BURLEIGH E. SABIN, ESQ.
#250185
BURTON, SCHMAL & DiBENEDETTO, LLP
133 Mission Street, Suite 102
Santa Cruz, CA 95060
Phone : ( 8 31) 4 2 5 - 50 2 3
Facsimile: [phone]

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Attorneys for Defendants, CITY OF
GILROY, OFFICER RODRIGUEZ, SERGEANT
STANFORD, OFFICER JAQUEZ, OFFICER HEATH

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION

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ESTATE OF GURMIT SINGH, et
al.

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Plaintiffs,

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Case No. C09-00740 EJD
STIPULATION AND [PROPOSED]
ORDER VACATING PRIOR ORDER TO
FILE PROPOSED JUDGMENT

vs.
CITY OF GILROY, et al.,

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Complaint Filed:
2/19/09
Trial Date:
3/12/12

Defendants.
[JURY TRIAL DEMANDED]

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As the parties reported to the Court, previously,
this matter was mediated with attorney mediator Charles F. Hawkins
on Tuesday, May 1.

The parties are pleased to report to the Court

that the matter has now amicably resolved, but it will take a
little bit of time to prepare and submit settlement documents as
appropriate.

A portion of the settlement fund will be used to

purchase an annuity for the minor plaintiffs, the structured
settlement company will need to draft settlement documents as
appropriate.

Plaintiffs' attorneys will then need to petition this

Court for approval of the "minors' compromise".
The parties therefore respectfully request that the Court

STIPULATION &

[PROPOSED]

ORDER RE;

EXT,

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SETTl,EMENT

[C09-00740 EJD]

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vacate its prior order of May 4 regarding the submittal of proposal

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judgment(s) by May 25, since this matter will instead be resolved

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via an order approved minors' compromise and an order dismissing

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case.
RESPECTFULLY SUBMITTED,

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Date:

CASPER, MEADOWS, SCHWARTZ & COOK

May 21, 2012

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/s/ signature on file
BY: ANDREW C. SCHWARTZ
Attorneys for Plaintiffs,
ESTATE OF GURMIT SINGH, et al.

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Date:

May 21, 2012

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/s/ signature on file
BY: KAREN L. SNELL
Attorneys for Plaintiffs,
ESTATE OF GURMIT SINGH, et al.

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Date:

BURTON, SCHMAL & DiBENEDETTO, LLP

May 21, 2012

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/s/ signature on file
BY:
TIMOTHY J. SCHMAL
BURLEIGH E. SABIN
Attorneys for Defendants,
CITY OF GILROY,, SERGEANT
STANFORD, OFFICER RODRIGUEZ, OFFICER
JAQUEZ, and OFFICER HEATH.

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IT IS SO ORDERED.

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Date:
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ORDER
The parties shall file a brief joint statement updating the court on
the progress of the settlement by 6/22/2012 unless a request for
dismissal has been submitted prior to that date.

May 22, 2012
THE HONORABLE EDWARD DAVILA,
JUDGE OF THE U.S. DISTRICT COURT.

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STIPULATION & [PROPOSED] ORDER RE: EXT. SETTLEMENT

[C09-00740 EJD]