Barrera et al v. City of San Jose et al

Filing 143

STIPULATION AND ORDER 142 Re: Withdrawal of E-Filed Documents From the Docket Sheet: Motions terminated: 126 MOTION for Attorney Fees Plaintiffs' Notice of Motion and Motion for Attorneys' Fees and Costs filed by A.B., Maria Barrera, Dolores Barrera, Bernardino Barrera, Jose Barerra. Signed by Judge Ronald M. Whyte on 9/2/10. (jg, COURT STAFF) (Filed on 9/2/2010)

Barrera et al v. City of San Jose et al

Doc. 143

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RICHARD DOYLE, City Attorney (#88625) NORA FRIMANN, Assistant City Attorney (#93249) MICHAEL R. GROVES, Sr. Deputy City Attorney (#85620) RICHARD D. NORTH, Deputy City Attorney (#225617) Office of the City Attorney 200 East Santa Clara Street San Jose, California 95113-1905 Phone: [phone] Fax: [phone] Email: [e-mail] Attorneys for All Named Defendants James McManis, Esq. (#40958) Neda Mansoorian, Esq. (#207832) Christine Peek, Esq. (#234573) MCMANIS FAULKNER 50 W. San Fernando Street, 10th Floor San Jose, California 95113 Phone: [phone] FAX: [phone] Email: [e-mail] Attorney for Plaintiffs, BERNARDINO BARRERA, et al., *E-FILED - 9/2/10*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA BERNARDINO BARRERA, DOLORES BARRERA, MARIA BARRERA, JOSE BARRERA, A.B., a minor child, by and through her Guardian ad Litem, DOLORES BARRERA, Plaintiffs, vs. CITY OF SAN JOSE, et al., Defendants. The parties, by and through their attorneys of record, Michael Groves for Defendants and Christine Peek for Plaintiffs, hereby stipulate as follows: The underlying case of Barrera, et al., v. City of San Jose, et al., was resolved on June 23, 2010 when the Honorable Ronald M. Whyte issued a Judgment which resulted from 1
Stipulation & Order re: Withdrawal of E-Filed Documents from the Docket Sheet C09-00858 RMW
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CASE NO.: C09-00858 RMW

STIPULATION AND ORDER RE: WITHDRAWAL OF E-FILED DOCUMENTS FROM THE DOCKET SHEET

Dockets.Justia.com

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the Plaintiffs' acceptance of Defendants' Rule 68 Offer of Judgment. Part of the Judgment included reasonable attorneys' fees for Plaintiffs' counsel. Plaintiffs filed their Motion for Attorneys' Fees before this Court on July 7, 2010 with a hearing date of August 13, 2010. That hearing date was later changed by Plaintiffs to September 3, 2010 in order to provide time to facilitate settlement discussions. Defendants filed their Opposition to the Attorneys' Fees Motion on August 13, 2010. Shortly thereafter Plaintiffs' attorney informed Defendants' attorney that parts of the Opposition Points and Authorities and Declarations contained language and exhibits which Plaintiffs' attorney believed were violative of Plaintiffs' right to privacy and an earlier Finding of Factual Innocence which Plaintiffs had each received through Plaintiffs' counsel's efforts. In light of this, Defendants' attorney Michael R. Groves immediately contacted the Court and, through the kind and effective assistance of Thomas Rossmeissl, one of Judge Whyte's Law Clerks, the Declarations of Michael R. Groves and Leslie Maglione, along with documents attached to the Declarations (Docket #s: 139 and 140) were locked pending a stipulation of the parties to withdraw the documents. While this was occurring, the parties settled the fee dispute and informed the Court of the same. Given that the fee dispute has resolved and in light of the issues related above, the parties seek to withdraw all documents relating to the Motion and Opposition from the Docket Sheet, including the initial Motion for Attorneys' Fees with all of its attachments, declarations, etc., and all of the Defendants' Opposition, including all declarations and attachments. The docket numbers of all of the relevant documents, filings, the parties seek to withdraw are as follows: Docket #: 126 127 128 129 130 Name of Document: Motion for Attorneys' Fees & Costs Declaration of James McManis Declaration of Neda Mansoorian Declaration of Christine Peek Declaration of John L. Cooper, Esq. 2
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Date Filed: July 7, 2010 July 7, 2010 July 7, 2010 July 7, 2010 July 7, 2010

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131 132 133 134 136 138 139 140 141

Declaration of Robert A. Goodin, Esq. Declaration of Frank M. Pitre, Esq. Declaration of James M. Wagstaffe, Esq. [Proposed] Order Notice of Continuance of Hearing on Plaintiffs' Motion for Attorneys' Fees & Costs Opposition to Motion for Attorneys' Fees & Costs Declaration of Michael R. Groves Declaration of Leslie Maglione Declaration of Timothy J. Schmal

July 7, 2010 July 7, 2010 July 7, 2010 July 7, 2010 July 13, 2010 August 13, 2010 August 13, 2010 August 13, 2010 August 13, 2010

The parties therefore seek an order withdrawing/deleting all of the above mentioned documents from the Docket Sheet.

Dated: August 30, 2010

McMANIS FAULKNER By: ___/s/ Christine Peek______________ CHRISTINE PEEK, ESQ. Attorneys for Plaintiffs, BERNARDINO BARRERA, DOLORES BARRERA, MARIA BARRERA, JOSE BARRERA, A.B., a minor child, by and through her Guardian ad Litem, DOLORES BARRERA

Dated: August 30, 2010

RICHARD DOYLE, City Attorney By: ___/s/ Michael R. Groves___________ MICHAEL R. GROVES Sr. Deputy City Attorney Attorneys for All Named Defendants

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ATTESTMENT OF CONCURRENCE PER GENERAL ORDER 45 FOR FILING: I attest that concurrence in the filing of this document by the signatories, Michael Groves and Christine Peek, has been obtained, and that a record of the concurrence shall be maintained at the Office of the City Attorney.

Dated: August 30, 2010

By:___/s/ Michael R. Groves___________ MICHAEL R. GROVES

IT IS SO ORDERED. 9/2/10 Dated: _____________________

____________________________ HON. RONALD M. WHYTE United States District Court Judge

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