Opinion
Case No. C01-4674 MEJ.
July 3, 2003
Andrew C. Schwartz, Micha Star Liberty, Casper, Meadows Schwartz, Walnut Creek, California, Attorneys for Plaintiff.
ORDER GRANTING JUDGMENT, CERTIFY ORDER FOR APPEAL PURSUANT TO FRCP 54(b) AND STAYING TRIAL
The Court has considered the Joint Stipulation submitted by the parties on July 2, 2003, and other matters in the file. Accordingly,
IT IS HEREBY ORDERED that pursuant to Federal Rule of Civil Procedure 54(b), the Court hereby directs the separate entry of a final judgment in favor of Defendant City and County of San Francisco and Sheriff Michael Hennessy on all claims brought against them. As to this ruling, the Court expressly determines that there is no just reason for delay and upon an express direction for entry of judgment. Thus, pursuant to 28 U.S.C. § 1291 a final decision of the District Court has been entered.
IT IS FURTHER ORDERED pursuant to the parties Stipulation the Court will stay the trial of this action pending resolution of the separate appeal described above; and
IT IS FURTHER ORDERED pursuant to the parties Stipulation that following the resolution of the appeal the Court will set a new trial date.
SO ORDERED.
JUDGMENT
This action came on hearing before the Court, on May 1, 2003, Honorable Maria-Elena James, District Court Magistrate Judge presiding, on cross Motions for Summary Judgment, and the evidence presented having been considered, the issues having been duly heard and a decision having been rendered,
IT IS SO ORDERED that pursuant to Federal Rule of Civil Procedure 54(b), JUDGMENT is hereby entered for Defendants City and County of San Francisco and Sheriff Michael Hennessey and against plaintiff Rhanda Fernandez on all plaintiff's claims for relief.