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Benitez v. Montoya

United States District Court, N.D. California, San Francisco Division
Nov 10, 2005
Case No. C 03 0392 JSW (WDB) (N.D. Cal. Nov. 10, 2005)

Opinion

Case No. C 03 0392 JSW (WDB).

November 10, 2005

NOSSAMAN, GUTHNER, KNOX ELLIOTT, LLP JOHN T. HANSEN, San Francisco, CA.

ANN BRICK, ALAN L. SCHLOSSER, MARK SCHLOSBERG, AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF NORTHERN CALIFORNIA, INC. San Francisco, CA.

KEKER VAN NEST, LLP JON B. STREETER, San Francisco, CA, Attorneys for Plaintiffs.

BERTRAND, FOX ELLIOT, GREGORY M. FOX, Attorneys for the Fremont Defendants.


STIPULATION AND [PROPOSED ] ORDER OF DISMISSAL WITH PREJUDICE


STIPULATION

WHEREAS the Plaintiffs, on the one hand, and Defendants City of Fremont, William Carratini, and Russell Schatzinger (collectively "the Fremont Defendants"), on the other, have entered into a Settlement Agreement and Mutual Release, which includes as Exhibit A and incorporates by reference an Agreement Re Union City Police Department Policies And Practices (collectively "Settlement Agreement");

WHEREAS the Settlement Agreement provides that the Plaintiffs shall dismiss with prejudice all remaining claims against the Fremont Defendants in the above-captioned action, provided however, that the Court shall retain exclusive jurisdiction over this action for purposes of resolving any disputes that may arise in the future regarding the Settlement Agreement, its terms or the enforcement thereof;

WHEREAS, pursuant to the Settlement Agreement, the City of Fremont, and/or the City of Fremont's insurer will pay attorneys' fees and costs in the total amount of $22,000, which amount constitutes statutory attorneys' fees and costs under 42 U.S.C. Sections 1983 and 1988, California Civil Code Sections 51, 51.7, 52(a) and California Code of Civil Procedure Section 1021.5;

NOW, THEREFORE, pursuant to the Agreement of the Parties, as indicated by their signatures below, the claims against the City of Fremont, William Carratini, and Russell Schatzinger are dismissed with prejudice, PROVIDED HOWEVER, THAT for a period of four (4) years the Court shall retain exclusive jurisdiction over this action and over the Fremont Defendants for purposes of resolving any disputes that may arise in the future regarding the SETTLEMENT AGREEMENT AND MUTUAL RELEASE, including the AGREEMENT RE UNION CITY POLICE DEPARTMENT POLICIES AND PRACTICES attached thereto as Exhibit A, its terms or the enforcement thereof.

ORDER

IT IS SO ORDERED.


Summaries of

Benitez v. Montoya

United States District Court, N.D. California, San Francisco Division
Nov 10, 2005
Case No. C 03 0392 JSW (WDB) (N.D. Cal. Nov. 10, 2005)
Case details for

Benitez v. Montoya

Case Details

Full title:BRIAN BENITEZ, a minor, by BENJAMIN BENITEZ, his guardian ad litem; VICTOR…

Court:United States District Court, N.D. California, San Francisco Division

Date published: Nov 10, 2005

Citations

Case No. C 03 0392 JSW (WDB) (N.D. Cal. Nov. 10, 2005)