Umar v. Storlie

Filing 98

STIPULATION AND ORDER Re: Settlement 97 . Order to Show Cause Hearing set for 1/13/2015 at 10:00 AM. Signed by Magistrate Judge Howard R. Lloyd on 11/3/2014. (hrllc1, COURT STAFF) (Filed on 11/3/2014)

*E-Filed: November 3, 2014*

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSÉ DIVISION

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AMMIR UMAR,
NO. CV12-06071- HRL

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Plaintiff,
vs.

NOTICE OF SETTLEMENT AND
JOINT STIPULATION AND ORDER

CRAIG STORLIE, INDIVIDUALLY AND AS
AN OFFICER OF THE SAN JOSE POLICE
DEPARTMENT, AND DOES 1-20,
INCLUSIVE,
Defendants.

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NOTICE OF SETTLEMENT AND JOINT STIPULATION

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Come now all the parties, by and through their respective attorneys of record and
hereby give notice and stipulate as follows:
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After extensive negotiations, the parties have reached a settlement of this

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entire lawsuit this morning. The settlement is subject to two contingencies. The

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settlement is contingent on the Court’s approval of the settlement. Second, the settlement

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is contingent on approval by the City of San Jose City Council. The settlement will be

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presented at a publicly noticed Council meeting not earlier than November 18, 2014. No

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approval from anyone is required other than the City Council.

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2.

The parties request time to satisfy these conditions and settle the case.

Specially, the parties request that the Court enter the proposed order filed concurrently
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Notice of Settlement

CV12-06071- HRL
1149398

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herewith. This order would give the parties 60 days within which to either file a request for

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dismissal of the entire action or file a status report regarding the progress of their effects.

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The order would also vacate all dates and take all pending matters off calendar. Good

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cause exists to enter this order because it will facilitate settlement, because no party would

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be prejudices, and because the parties agree. Fed.R.Civ.P. 16(b)(4) (the Court may

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modify a schedule for good cause); see also L.R. 16-15 (“It is the policy of the Court to

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encourage disposition of civil litigation by when such is in the nest interest of the parties.

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The Court favors any reasonable means to accomplish this goal. Neither in this rule shall

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be construed to the contrary.”)

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IT IS SO STIPULATED.

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RICHARD DOYLE, City Attorney

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DATED: November 3, 2014

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By: /s/Shannon Smyth-Mendoza
SHANNON SMYTH-MENDOZA
Attorney for Defendant

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MORALES & LEANOS

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DATED: November 3, 2014

By: /s/Jaime A. Leanos
JAIME A. LEAÑOS
Attorneys for Plaintiff

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///

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Notice of Settlement

CV12-06071- HRL
1149398

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I affirm that Plaintiff’s counsel has consented to the electronic filing of this document
on Plaintiff’s behalf.

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RICHARD DOYLE, City Attorney

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DATED: November 3, 2014

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By: /s/ Shannon Smyth-Mendoza
SHANNON SMYTH-MENDOZA
Attorney for Defendant

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ORDER

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The Court having been notified that this case has settled, all pending motions,
hearings, and deadlines are terminated.
All parties shall appear on January 13, 2015, at 10:00 a.m. in Courtroom 2, Fifth Floor,
280 South First St., San Jose CA 95113 and show cause, if any, why this case should not be
dismissed. The parties shall file a Joint Statement in response to this Order to Show Cause

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no later than January 6, 2015. The joint statement shall state (1) the status of the activities of

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the parties in finalizing settlement; and (2) how much additional time, if any, is needed to

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finalize the settlement and file a dismissal. If, however, a dismissal is filed before the hearing

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date, the Show Cause hearing will be automatically vacated and no statement will be

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required.

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IT IS SO ORDERED.

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Dated: November 3, 2014

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_______________________________
HONORABLE HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

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Notice of Settlement

CV12-06071- HRL
1149398