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BENITEZ v. MONTOYA

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


November 10, 2005.

BRIAN BENITEZ, a minor, by BENJAMIN BENITEZ, his guardian ad litem; VICTOR MUNOZ, a minor, by ANGELA MUNOZ, his guardian ad litem; and JESSICA PRENTICE, a minor, by RONALD PRENTICE, her guardian ad litem, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
DON MONTOYA, Principal Logan High School, in his personal and official capacities; SUSAN SPEAKMAN Acting Superintendent, New Haven Unified School District, in her official capacity; GWEN ESTES, President, New Haven Unified School District Board of Education, in her personal and official capacities; BARBARA AROVALLE, JONAS DINO, LINDA FERNANDES, JIM NAVARRO, Members, and CATHY KELLEY, Former Member, New Haven Unified School District Board of Education, in their personal and official capacities; RUTH ANN McKENNA, Former Superintendent, New Haven Unified School District, in her personal capacity; LORRIE BARRERA, Logan High School House Three Principal in her personal and official capacities; CRAIG LANG, Logan High School House Principal in his personal and official capacities; JESUS VARELA, Logan High School House Principal in his personal and official capacities; JASON ROBARGE, Logan High School Former Assistant Principal, Activities, in his personal and official capacities; DAN FOWLER, Logan High School Assistant Principal in his personal and official capacities; STERLING BRUNER, Logan High School Administrator, in his personal and official capacities; LISA GARCIA, Logan High School Administrator, in her personal and official capacities; JENNIFER DANIELS CROWELL, Logan High School Administrator, in her personal and official capacities; CITY OF UNION CITY; RANDY ULIBARRI, Police Chief, City of Union City, in his personal and official capacities; UNION CITY POLICE LIEUTENANT DONALD SCHUITEMAKER, in his personal and official capacities; UNION CITY POLICE OFFICERS JEFFREY BILODEAU, TODD BLACKWELL, RAOUL GALINDO, GLORIA LOPEZ-VAUGHN, BOB MARTIN, RAY MUNOZ, DEAN SATO and BRIAN SIMON, in their personal and official capacities; CITY OF FREMONT; POLICE AGENTS WILLIAM CARRATINI and RUSSELL SCHATZINGER, in their personal and official capacities; and DOES 4-25 and 30-50, in their personal and official capacities, inclusive, Defendants.

The opinion of the court was delivered by: JEFFREY WHITE, District Judge

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.

20051110

© 1992-2005 VersusLaw Inc.



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