Opinion
Case No: CV11-02234-JST
03-28-2013
NICK MAKREAS, Plaintiff, v. FIRST NATIONAL BANK OF NORTHERN CALIFORNIA, a business entity; T.D. SERVICE COMPANY, form unknown; KATHY CASTOR;, an individual; RANDY BRUGONI, an individual; COUNTY OF SAN MATEO; SAN MATEO COUNTY SHERIFF'S OFFICE; SAN MATEO COUNTY SHERIFF GREG MUNKS, in his individual and official capacity; SAN MATEO COUNTY SHERIFF'S DEPUTY STEPHEN DUVALL; SAN MATEO COUNTY SHERIFF'S DEPUTY HOSS, in his individual and official capacity; SAN MATEO COUNTS SHERIFF'S DEPUTY VALENICA, in his individual and official capacity; Employees 1 through 25 inclusive; and DOES 26-50; Defendants.
NELSON W. GOODELL The Goodell Law Firm Attorney for Plaintiff, Nick Makreas EUGENE WHITLOCK San Mateo County Counsel's Office Attorney for Defendants, County of San Mateo; San Mateo County Sheriff's Office; San Mateo County Sheriff Greg Munks; and San Mateo County Sheriff's Deputy Stephen Duvall; San Mateo County Sheriff's Deputy Stephen Valencia
NELSON W. GOODELL, ESQ., SBN 264734
The Goodell Law Firm
5 Third Street, Suite 1100
San Francisco, CA 94103
Tel. No. (415) 495-3950
Fax No. (415)495-6900
Attorney for Plaintiff
NICK MAKREAS
STIPULATION AND AGREEMENT TO
TOLL STATUTE OF LIMITATIONS
AGAINST THE COUNTY OF SAN
MATEO; SAN MATEO COUNTY
SHERIFF'S OFFICE; SAN MATEO
COUNTY SHERIFF GREG MUNKS; SAN
MATEO COUNTY SHERIFF'S DEPUTY
STEPHEN DUVALL; SAN MATEO
COUNTY SHERIFF'S DEPUTY HOSS;
and SAN MATEO COUNTY SHERIFF'S
DEPUTY VALENCIA AND [PROPOSED]
ORDER THEREON
WHEREAS on September 28, 2011, the signatories stipulated and agreed that any statute of limitations governing any claim by plaintiff Nick Makreas against the County of San Mateo, the San Mateo County Sheriff's Department, and San Mateo County Sheriff Greg Munks; San Mateo County Sheriff's Deputy Stephen Duvall; San Mateo County Sheriff's Deputy Hoss; and San Mateo County Sheriff's Deputy Valencia would be tolled for a period of six months from the date of the Court's order approving said stipulation;
WHEREAS, on September 29, 2011, the Court issued its Order approving said stipulation and dismissing the defendants without prejudice, and tolled any statute of limitations for a period of six months beyond the date of its order, which was March 29, 2012;
WHEREAS, on February 6, 2012, the signatories further stipulated and agreed that any statute of limitations governing any claim by plaintiff Nick Makreas against the County of San Mateo, the San Mateo County Sheriff's Department, and San Mateo County Sheriff Gregg Munks; San Mateo County Sheriff's Deputy Stephen Duvall; San Mateo Sheriff's Deputy Hoss; and San Mateo County Sheriff's Deputy Valencia would be tolled for an additional period of six months, from March 29, 2012 to September 29, 2012;
WHEREAS, on September 28, 2012, the signatories further stipulated and agreed that any statute of limitations governing any claim by plaintiff Nick Makreas against the County of San Mateo, the San Mateo County Sheriff's Department, and San Mateo County Sheriff Gregg Munks; San Mateo County Sheriff's Deputy Stephen Duvall; San Mateo Sheriff's Deputy Hoss; and San Mateo County Sheriff's Deputy Valencia would be tolled for an additional period of six months, from September 29, 2012 to March 29, 2013;
WHEREAS, on October 3, 2012, the Court issued its Order approving said stipulation, and tolled any statute of limitations for a period of six months beyond the date of its order, which is March 29, 2013. IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES HERETO THROUGH THEIR UNDERSIGNED COUNSEL:
Any statute of limitations governing any claim against defendants County of San Mateo; San Mateo County Sheriff's Office; San Mateo County Sheriff Greg Munks; San Mateo County Sheriff's Deputy Stephen Duvall; San Mateo County Sheriff's Deputy Hoss; and San Mateo County Sheriff's Deputy Valencia shall be tolled for an additional period from March 29, 2013 to September 29, 2013.
_____________________
NELSON W. GOODELL
The Goodell Law Firm
Attorney for Plaintiff, Nick Makreas
_____________________
EUGENE WHITLOCK
San Mateo County Counsel's Office
Attorney for Defendants, County of San Mateo;
San Mateo County Sheriff's Office; San Mateo
County Sheriff Greg Munks; and San Mateo County
Sheriff's Deputy Stephen Duvall; San Mateo
County Sheriff's Deputy Stephen Valencia
Filer's Attestation: Pursuant to Civil Local Rule 5-1 (i)(3) regarding signatures, Nelson W. Goodell hereby attests that concurrence in the filing of this document has been obtained.
ORDER
IT IS HEREBY ORDERED THAT any statute of limitations governing any claim that the plaintiff NICK MAKREAS has against defendants County of San Mateo; San Mateo County Sheriff's Office; San Mateo County Sheriff Greg Munks; San Mateo County Sheriff's Deputy Stephen Duvall; San Mateo County Sheriff's Deputy Hoss; and San Mateo County Sheriff's Deputy Valencia shall be tolled for an additional six month period beyond the date that the current stipulation is set to expire, March 29, 2013, and will end on September 29, 2013.
_____________________
THE HON. JOHN S. TIGAR
UNITED STATES DISTRICT JUDGE