Talada v. City of Martinez et al, No. 3:2008cv02771 - Document 83 (N.D. Cal. 2008)

Court Description: ORDER GRANTING DISMISSAL. 71 Signed by Judge Alsup on November 18, 2008. (whalc1, COURT STAFF) (Filed on 11/18/2008) Modified on 11/19/2008 (sis, COURT STAFF). (Additional attachment(s) added on 11/19/2008: # 1 Certificate of Service) (dt, COURT STAFF).
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Talada v. City of Martinez et al Doc. 83 ATKINSON, ANDELSON, LOYA, RUUD & ROMO A Professional Co~poration uez Moisa, Esq. State Bar No. 162272 Riverside, California 9250 1 Telephone: (95 1) 683-1 122 Facsimile: (95 1) 683- 1144 Attorneys for Defendants, CITY OF RENO, CITY OF RENO POLICE DEPARTMENT, CITY OF RENO SWAT TEAM, CHIEF MICHAEL POEHLMAN, SERGEANT GREG CURRY, LIEUTENANT MICHAEL WHAN, SERGEANT SCOTT DUGAN, SERGEANT MICHAEL LESSMAN, SERGEANT SEAN GARLOCK, SERGEANT KEITH BROWN, DETECTIVE MICHAEL TONE, AND DETECTIVE TOM BROOME UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JAMES L. TALADA 111, an individual; MELODY LABELLA, an individual, CASE NO.: 3: 08-ev-02771-WHA Assigned to HonthWilliam H. Aslup Courtroom 9, 19 Floor Plaintiffs, VS. CITY OF MARTINEZ, CALIFORNIA; CITY OF MARTINEZ POLICE DEPARTMENT; CHIEF DAVE CUTAIA, City of Martinez Chief of Police; SERGEANT GARY PETERSEN, a Martinez Police Officer; COMMANDER MARK SMITH, a Martinez Police Officer; CITY OF RENO, NEVADA; CITY OF RENO POLICE DEPARTMENT; CITY OF RENO S.W.A.T. TEAM; CHIEF MICHAEL POEHLMAN, Reno Chief of Police; SERGEANT GREG CURRY, a Reno Police Officer; LIEUTENANT MICHAEL WHAN, a Reno Police Officer SWAT Team; SERGEANT SCOTT DUGAN, a Reno Police Officer - SWAT Team; SERGEANT MICHAEL LESSMAN, a Reno Police Officer - SWAT ANT SEAN GART,OCK, a SPECIALLY APPEARING DEFENDANTS CITY OF RENO, ET. AL.'S STIPULATION TO DISMISS PURSUANT TO FRCP 41(A)(2) AND [PROPOSED] ORDER STIPULATION TO DISMISS AND [PROPOSED] ORDER Dockets.Justia.com Reno Police Officer - SWAT Team; SERGEANT KEITH B R O W , a Reno Police Officer - SWAT Team; DETECTIVE MICHAEL TONE, a Reno Police Officer - Arresting Officer; DETECTIVE TOM BROOME, a Reno Police Officer; GUAEiDSMARK GP, LLC, a California Corporation; GUAmSMARK, LLC, a California Corporation; CHARLIE PARKER, a Guardsmark employee and Manager-in-Charge; COLIN MANUAL, a Guardsmark employee and Account Manager; CRISTINA AKESON, a Guardsmarl< employee and Security Guard; DAVID AKESON, an individual; CENTRAL CONTRA COSTA SANITARY DISTRICT ("CCCSD"), a Public Entity; RANDALL MUSGRAVES, Director of Administration and an employee of CCCSD; SHAM DEUTSCI3, Safety and Risk Management Administrator and em loyee of CCCSD; RUTH BENNETT, Sa ety and Risk Management Technician and employee of CCCSD; CATHRYN FIEITAS, Human Resources Director at CCCSD; STEVEN LAREN, a Security Officer at CCCSD; JAMES M. KELLY, General Manager at CCCSD; ROBERT J. KOCHLU, Contra Costa County District Attorney; MARK PETERSON, Contra Costa Senior Deputy District Attorney Sexual Assault Division; WILLIAM CLARK, Contra Costa County Deputy District Attorney - Special Prosecutions Unit; ANDREA MORELAND, Contra Costa County Senior Investigator; CONTRA COSTA COUNTY OFFICE OF THE DISTRICT ATTORNEY, a public entity; CITY OF SACRAMENTO, CALIFORNIA; CITY OF SACRAMENTO POLICE DEPARTMENT; CI--TIE??RICK BRAZIEL, Sacramento Chief of Police; SERGEANT RICHARD GAUTIER, a Sacramento Police Officer; and DOES 1 through 100, inclusive., P Defendants. STIPULATION TO DISMISS AND [PROPOSED] ORDER IT IS HEREBY STIPULATED by and between the parties, Plaintiffs JAMES L. TALADA, 111 and MELODY LABELLA, in pro per, and Defendants CITY OF RENO, CITY OF RENO POLICE DEPARTMENT, CITY OF RENO SWAT TEAM, CHIEF MICHAEL POEHLMAN, SERGEANT GREG CURRY, LIEUTENANT MICHAEL LESSMAN, WHAN, SERGEANT SCOTT DUGAN, SERGEANT SEAN GARLOCK, SERGEANT MICHAEL SERGEANT KEITH BROWN, DETECTIVE MICHAEL TONE, AND DETECTIVE TOM BROOME, by through their counsel of record, that the above-captioned action be and hereby is dismissed pursuant to FRCP 4 1(a)(2). IT IS FURTHER STIPULATED that Defendants CITY OF RENO, CITY OF RENO POLICE DEPARTMENT, CITY OF RENO SWAT TEAM, CHIEF MICHAEL POEHLMAN, SERGEANT GREG CURRY, LIEUTENANT MICHAEL WHAN, SERGEANT SCOTT DUGAN, SERGEANT MICHAEL LESSMAN, SERGEANT SEAN GARLOCK, SERGEANT KEITH BROWN, DETECTIVE MICHAEL TONE, AND DETECTIVE TOM BROOME will not pursue any claims against Plaintiffs JAMES L. TALADA, I11 or MELODY LABELLA for any act or omission arising from the incident(s) set forth in Plaintiffs' First Amended Complaint. Ill /// ill /// /// /I/ / 1l //I Ill /I/ 1/ / - iii STIPULATION TO DISMISS AND [PROPOSED] O m E R IT IS SO STIPULATED. DATED: November a, 2008 ATKINSON, ANDELSON, LOYA, RUUD & ROMO SWAT TEAM, C H E F MICHAEL POEHLMAN, SEGEANT GREG CURRY, LSEUrTENANTMICHAEL WHAN, SERGEANT SCOTT DUGAN, SERGEANT MICHAEL LESSMAN. SERGEANT SEAN GARLOCK, SERGEANT KEI'TH BROWN, DETECTIVE MICHAEL TONE, AND DETECTIVE TOM RROOME DATED: November j% 2008 DATED November H,2008 IT TS SO ORDERED. Plaintiffs James L Talada, III and Melody LaBella's action (United States District Court Case No 3:08-cv-02771-WHA) against Defendants City of Reno, City of Reno Police Department, City of Reno S?f7AT Tern. Chief Michael Poehlman, Sergeant Greg Curry, Lieutenant M~chaelU'han, Sergeant Scott Dugan, Sergeant Michael Lessman, Sergeant Sean Carlock, Sergeant Keith Brown, Detective Michael Tone, and Detective Tom Broome, for, STlPULATION TO DISMISS AND IPROPOSEDl ORDER (1) False Arrest1 Imprisonment; (2) Assault and Battery; (3) Negligence (by Plaintiff Talada); (4) Negligence (by Plaintiff LaBella); (5) Negligent Hiring, Retention, Supervision, Training (by Plaintiff Talada); (6) Negligent Hiring, Retention, Supervision, Training (by Plaintiff LaBella); (7) Intentional Misrepresentation and Nondisclosure of Material Facts; (8) Negligent Misrepresentation and Nondisclosure of Material Facts; (9) Intentional Infliction of Severe Emotional Distress; (10) Negligent Infliction of Severe Emotional Distress; L i ' >- E! 3 2 . O,N* No,, 11 (1 1) Conversion of Person Property; 12 (1 2) Trespass; gs:a-s13 &5.~rn&& (13) Invasion of Privacy: Intrusion Upon Seclusion, Public Disclosure of Private Facts u cn.lr*m ZOoti5rz14 and False Light; a>:+zmm n <t;,,~, J O0Za 5Z ~. ~15V (14) Unlawful and Unfair Business Practice - Violation of California Business and "Kio~w-o o,E 2 cnk-r-.Z~ Who Q'Z m o 16 Professions Code 5 17200; 7 + ",.-> a,m $ 4 7 mcl-u Q 17 (1 5) Civil Conspiracy and Collusion (by Plaintiff Talada); (1 6) Civil Conspiracy and Collusion (by Plaintiff LaBella); (17) Violation of Civil Rights - California Civil Code 552.1 ; (1 8) Violation of Civil Rights Under the Constitution of the State of Nevada; (19) Violation of Civil Rights Protected Under Federal Law (42 U.S.C. $51983, 1986, 1988) and Under the Constitutions of the States of California and Nevada; (20) Defamation of Character; (21) Exemplary and Punitive Damages; (22) Declaratory Relief - Joint and Several Liability; (23) Declaratory Relief - Vicarious Liability; (24) Preliminary Injunctions; and (25) Permanent Injunctions. STIPULATION TO DISMISS AND [PROPOSED] ORDER S RT R NIA A H ER up ls illiam A FO Judge W LI UNIT ED RT U O ERED O ORD IT IS S NO November 18, 2008 S DISTRICT TE C A T N F D IS T IC T O R C