STIPULATION RE REMAND OF CASE DISMISSAL OF DEFENDANTS STILWELL AND PAUL AND WITHDRAWAL OF ANTI-SLAPP...
-
Upload
l-a-paterson -
Category
Documents
-
view
222 -
download
0
Transcript of STIPULATION RE REMAND OF CASE DISMISSAL OF DEFENDANTS STILWELL AND PAUL AND WITHDRAWAL OF ANTI-SLAPP...
-
8/11/2019 STIPULATION RE REMAND OF CASE DISMISSAL OF DEFENDANTS STILWELL AND PAUL AND WITHDRAWAL OF ANTI-SL
1/16
1
2
3
45
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28STRADLING YOCCACARLSON &RAUTH
L AW YE R SNE W POR T BEACH STIPULATION RE REMAND, DISMISSAL AND WITHDRAWAL (5:14-cv-03084 (RMW), (HRL).)
DOCSOC/1676235v2/102910-0006
JEFFREY A. DINKIN, SBN 111422
ALLISON E. BURNS, SBN 198231
DAVID C. PALMER, SBN 251609
[email protected] YOCCA CARLSON & RAUTHA Professional Corporation
800 Anacapa Street, Suite ASanta Barbara, California 93101
Telephone: (805) 730-6800
Facsimile: (805) 730-6801
Attorneys for Defendants, CITY OFCARMEL-BY-THE SEA; JASON
STILWELL; SUSAN PAUL
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE
STEVEN MCINCHAK
Petitioner/Plaintiff,
v.
CITY OF CARMEL-BY-THE-SEA,
JASON STILWELL, CITYADMINISTRATOR OF THE CITY OF
CARMEL-BY-THE-SEA, SUSANPAUL, ADMINISTRATIVE
SERVICES DIRECTOR OF THECITY OF CARMEL-BY-THE-SEA;
and DOES 1 through 50, inclusive,
Defendants.
CASE NO. 5:14-cv-03084 (RMW),(HRL)
STIPULATION RE REMAND OF
CASE, DISMISSAL OF
DEFENDANTS JASON STILWELL
AND SUSAN PAUL AND
WITHDRAWAL OF ANTI-SLAPP
MOTION
Action Filed: June 4, 2014
Trial Date: Not Set
Case5:14-cv-03084-RMW Document16 Filed08/15/14 Page1 of 6
-
8/11/2019 STIPULATION RE REMAND OF CASE DISMISSAL OF DEFENDANTS STILWELL AND PAUL AND WITHDRAWAL OF ANTI-SL
2/16
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STRADLING YOCCACARLSON &RAUTH
L AW YE R SNE W POR T BEACH STIPULATION RE REMAND, DISMISSAL AND WITHDRAWAL (5:14-cv-03084 (RMW), (HRL).)DOCSOC/1676235v2/102910-0006
This Stipulation is entered into and between plaintiff Steven McInchak
(Plaintiff) and defendants Jason Stilwell (Mr. Stilwell), Susan Paul (Ms.
Paul) and the City of Carmel-by-the-Sea (City) (referred to herein collectively
as Defendants), through their undersigned counsel. The parties hereby stipulate
to the following:
WHEREAS, Plaintiff filed a Motion to Remand Case to State Court on August
1, 2014;
WHEREAS, Defendants filed a Motion to Strike Certain Claims of Plaintiffs
Petition-Complaint Pursuant to California Code of Civil Procedure Section 425.16
(Anti-SLAPP Motion) on August 1, 2014;
WHEREAS, Defendants find it agreeable to remand this action to state court
and withdraw the Anti-SLAPP Motion in exchange for Plaintiff agreeing to (i)
dismiss Mr. Stilwell and Ms. Paul entirely from this action, without prejudice; and
(ii) amend Plaintiffs Petition-Complaint filed on June 4, 2014 (Original
Complaint) to delete certain language alleging violations of federal law and the
U.S. Constitution.
THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS
FOLLOWS:
1. Plaintiff and Defendants agree to an order of the Court remanding the above-
captioned action to the Superior Court of California, Monterey County.
2.
Within 20 court days after the federal court clerk issues the order of remand
to the clerk of the Superior Court of California, Monterey County (Notice
of Remand), Plaintiff shall dismiss Mr. Stilwell and Ms. Paul from the
above-captioned action, without prejudice, by filing requests for dismissal
Case5:14-cv-03084-RMW Document16 Filed08/15/14 Page2 of 6
-
8/11/2019 STIPULATION RE REMAND OF CASE DISMISSAL OF DEFENDANTS STILWELL AND PAUL AND WITHDRAWAL OF ANTI-SL
3/16
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STRADLING YOCCACARLSON &RAUTH
L AWYERS NE W POR T BE AC H
-2-
STIPULATION RE REMAND, DISMISSAL AND WITHDRAWAL(5:14-cv-03084 (RMW), (HRL).)DOCSOC/1676235v2/102910-0006
substantially in the form of Exhibit Aand Exhibit B attached hereto.
3.
Within 20 court days after the Notice of Remand, Plaintiff shall file an
amended complaint in this action, which amended complaint shall have
deleted all language related to federal law and the United States Constitution
located in paragraph 18, at page 7, lines 25 through 26 of the Original
Complaint but shall otherwise be identical to the Original Complaint.
4. Within 20 court days after the Notice of Remand, Defendants shall withdraw
their Anti-SLAPP Motion without prejudice.
5.
Nothing in this stipulation or Defendants withdrawal of their Anti-SLAPP
Motion shall be construed as a waiver of any right, cause of action or
defense by any party.
6. This stipulation may be executed in multiple parts, each of which when so
executed shall be deemed an original and all of which taken together shall
constitute one and the same stipulation.
DATED: August 15, 2014 STONER WELSH & SCHMIDT
By: /s/ Michelle WelshMichelle Welsh
Attorney for PlaintiffSTEVEN MCINCHAK
Case5:14-cv-03084-RMW Document16 Filed08/15/14 Page3 of 6
-
8/11/2019 STIPULATION RE REMAND OF CASE DISMISSAL OF DEFENDANTS STILWELL AND PAUL AND WITHDRAWAL OF ANTI-SL
4/16
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STRADLING YOCCACARLSON &RAUTH
L AWYERS NE W POR T BE AC H
-3-
STIPULATION RE REMAND, DISMISSAL AND WITHDRAWAL(5:14-cv-03084 (RMW), (HRL).)DOCSOC/1676235v2/102910-0006
DATED: August 15, 2014 STRADLING YOCCA CARLSON &RAUTHA Professional Corporation
By: /s/ Allison E. BurnsJeffrey A. Dinkin
Allison E. BurnsDavid C. Palmer
Attorneys for DefendantsCITY OF CARMEL-BY-THESEA; JASON STILWELL; SUSANPAUL
Case5:14-cv-03084-RMW Document16 Filed08/15/14 Page4 of 6
-
8/11/2019 STIPULATION RE REMAND OF CASE DISMISSAL OF DEFENDANTS STILWELL AND PAUL AND WITHDRAWAL OF ANTI-SL
5/16
STRADLING YOCCACARLSON &RAUTH
L AWYERS
NE W POR T BE AC HSERVICE LIST
DOCSOC/1676235v2/102910-0006
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
CERTIFICATE OF SERVICE
I certify that on August 15, 2014 the foregoing document was served on all
parties or their counsel of record through the CM/ECF system if they are registered
users or, if they are not, I hereby certify that a true and correct copy was served inthe manner set forth below:
BY EMAIL: by transmitting via electronic mail the document(s) listed
above to the email address(es) set forth below. BY FACSIMILE: by transmitting via facsimile the document(s) listed
above to the facsimile number(s) set forth below. I certify that saidtransmission was completed without error and that a report was generated by
facsimile machine (949) 725-4100 which confirms said transmission.
BY OVERNIGHT DELIVERY: by placing the document(s) listed abovein a sealed envelope with postage thereon fully prepaid, and delivering viaovernight courier and addressed as set forth below, respectively.
BY MAIL: by placing the document(s) listed above in a sealed envelope
with postage thereon fully prepaid, in the United States Mail in NewportBeach, California, addressed as set forth below.
BY PERSONAL DELIVERY: by causing personal delivery byNationwide Legal, Inc. of the document(s) listed above to the person(s) at
the address(es) set forth below
SEE ATTACHED SERVICE LIST
I am readily familiar with the firms practice of collection and processingcorrespondence for mailing. Under that practice it would be deposited with the
U.S. Postal Service on that same day with postage thereon fully prepaid in theordinary course of business. I am aware that on motion of the party served, serviceis presumed invalid if postal cancellation date or postage meter date is more than
one day after the date of deposit for mailing in affidavit.
I declare under penalty of perjury under the laws of the United States and theState of California that the above is true and correct.
Executed on August 15, 2014, at Newport Beach, California.
/s/ Alicia C. ElamAlicia C. Elam
Case5:14-cv-03084-RMW Document16 Filed08/15/14 Page5 of 6
-
8/11/2019 STIPULATION RE REMAND OF CASE DISMISSAL OF DEFENDANTS STILWELL AND PAUL AND WITHDRAWAL OF ANTI-SL
6/16
STRADLING YOCCACARLSON &RAUTH
L AWYERS
NE W POR T BE AC HPROOF OF SERVICE
DOCSOC/1676235v2/102910-0006
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
SERVICE LIST
Steven McInchak v. City of Carmel-by-the-Sea, et al.
Monterey County Superior Court Case No. M128062
Michelle A. Welsh
Stoner, Welsh & Schmidt413 Forest AvenuePacific Grove, CA 93950-4201
Telephone: (831) 373-1993Facsimile: (831) 373-1492
Attorney for Plaintiff/Petitioner
STEVEN MCINCHAK
Case5:14-cv-03084-RMW Document16 Filed08/15/14 Page6 of 6
-
8/11/2019 STIPULATION RE REMAND OF CASE DISMISSAL OF DEFENDANTS STILWELL AND PAUL AND WITHDRAWAL OF ANTI-SL
7/16
Page 4
Case5:14-cv-03084-RMW Document16-1 Filed08/15/14 Page1 of 6
EXHIBIT
-
8/11/2019 STIPULATION RE REMAND OF CASE DISMISSAL OF DEFENDANTS STILWELL AND PAUL AND WITHDRAWAL OF ANTI-SL
8/16
-
8/11/2019 STIPULATION RE REMAND OF CASE DISMISSAL OF DEFENDANTS STILWELL AND PAUL AND WITHDRAWAL OF ANTI-SL
9/16
Page 6
Case5:14-cv-03084-RMW Document16-1 Filed08/15/14 Page3 of 6
PLAINTIFF/PETITIONER:
MCINCHAK
CASE NUMBER:
DEFENDANT/RESPONDENT: CITY OF
CARMEL-BY-THE-SEA, ET AL.
M128062
COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS
If a party whose court fees and costs were initially waived has recovered or will recover 10,000 or
more in value by way of settlement, compromise, arbitration award, mediation settlement, or other
means, the court has a statutory lien
on
that recovery. The court may refuse to dismiss the case until
the lien is satisfied. (Gov. Code 68637.)
Declaration Concerning Waived Court Fees
1.
The
court waived court fees and costs in this action for name):
2. The person named in item 1 is check one below):
a.
0
not recovering anything
of
value by this action.
b. 0
recovering less than 10,000 in value by this action.
c. 0
recovering 10,000 or more in value by this action. If tem
c
is checked, item 3
must
be completed.)
3. 0
All court fees and court costs that were waived in this action have been paid to the court
check one): 0
Yes
I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.
Date:
(TYPE OR PRINT NAME OF D ATIORNEY D PARTY MAKING DECLARATION)
S IGNATURE)
CIV-110 [Rev. January 1, 2013]
REQUEST FOR DISMISSAL
CIV 110
No
a
g
a of
2
Ameriun LegalNet lnc.
fprmsWorkF ow.com
-
8/11/2019 STIPULATION RE REMAND OF CASE DISMISSAL OF DEFENDANTS STILWELL AND PAUL AND WITHDRAWAL OF ANTI-SL
10/16
Page 7
Case5:14-cv-03084-RMW Document16-1 Filed08/15/14 Page4 of 6
EXHI IT
-
8/11/2019 STIPULATION RE REMAND OF CASE DISMISSAL OF DEFENDANTS STILWELL AND PAUL AND WITHDRAWAL OF ANTI-SL
11/16
-
8/11/2019 STIPULATION RE REMAND OF CASE DISMISSAL OF DEFENDANTS STILWELL AND PAUL AND WITHDRAWAL OF ANTI-SL
12/16
Page 9
Case5:14-cv-03084-RMW Document16-1 Filed08/15/14 Page6 of 6
PLAINTIFF/PETITIONER:
MCINCHAK
CASE NUMBER:
DEFENDANT/RESPONDENT: CITY
OF CARMEL-BY-THE-SEA, ET AL.
M128062
COURT S RECOVERY OF WAIVED COURT FEES AND COSTS
If a party whose cour t fees and costs were initially waived has recovered or wi ll recover 10,000 or
more in value by way
of
settlement. compromise, arbitration award, mediation settlement, or other
means, the court has a statutory lien on that recovery. The court may refuse to dismiss
the
case until
the lien is satisfied . (Gov. Code, 68637.}
Declaration Concerning Waived Court Fees
1.
The
court waived court fees and costs in this action for
name):
2. The person named in item 1
is
check one below):
a.
D
not recovering anything of value by this action.
b. D recovering less than 10,000 in value by this action.
c. D recovering 10,000 or more in value by this action. If tem
c
is checked, item 3 must be completed.)
3. D All court fees and court costs that were waived in this action have been paid to the cou
rt
check one): D Yes
I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.
Date:
(TYPE
OR
PRINT NAME OF
D ATIORNEYD
PARTY MAKING DECLARATION)
SIGNAT
URE
)
CIV-110[Rev. January 1,
2 131
REQUEST FOR DISMISSAL
CIV-110
o
Page of
AmeriunLega Net, Inc. P
www FOf sWor
k
ow.com
_ ,
-
8/11/2019 STIPULATION RE REMAND OF CASE DISMISSAL OF DEFENDANTS STILWELL AND PAUL AND WITHDRAWAL OF ANTI-SL
13/16
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28STRADLING YOCCACARLSON &RAUTH
L AWYERS
NE W POR T BEACH [PROPOSED] ORDER REMANDING ACTION PER STIPULATION (5:14-cv-03084 (RMW), (HRL).)
DOCSOC/1676259v1/102910-0006
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE
STEVEN MCINCHAK
Petitioner/Plaintiff,
v.
CITY OF CARMEL-BY-THE-SEA,JASON STILWELL, CITY
ADMINISTRATOR OF THE CITY OFCARMEL-BY-THE-SEA, SUSAN
PAUL, ADMINISTRATIVE
SERVICES DIRECTOR OF THECITY OF CARMEL-BY-THE-SEA;and DOES 1 through 50, inclusive,
Defendants.
CASE NO. 5:14-cv-03084 (RMW),
(HRL)
[PROPOSED] ORDER
REMANDING ACTION TO STATE
COURT PER STIPULATION
Action Filed: June 4, 2014
Trial Date: Not Set
Case5:14-cv-03084-RMW Document16-2 Filed08/15/14 Page1 of 4
-
8/11/2019 STIPULATION RE REMAND OF CASE DISMISSAL OF DEFENDANTS STILWELL AND PAUL AND WITHDRAWAL OF ANTI-SL
14/16
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STRADLING YOCCACARLSON &RAUTH
L AWYERS NE W POR T BEACH [PROPOSED] ORDER REMANDING ACTION PER STIPULATION (5:14-cv-03084 (RMW), (HRL).)DOCSOC/1676259v1/102910-0006
The STIPULATION RE REMAND OF CASE, DISMISSAL OF
DEFENDANTS JASON STILWELL AND SUSAN PAUL AND
WITHDRAWAL OF ANTI-SLAPP MOTION (Stipulation), filed concurrently
herewith, having been jointly executed by and among Plaintiff Steven McInchak
on the one hand, and Defendants Jason Stilwell, Susan Paul and the City of
Carmel-by-the Sea on the other, and good cause appearing therefor,
IT IS HEREBY ORDERED THAT:
1. The Stipulation be entered.
2.
Pursuant to the Stipulation, the above-captioned action is hereby remanded
to the Superior Court of California, Monterey County. The federal court
clerk is ordered to send a certified copy of this order of remand to the clerk
of the Superior Court of California, Monterey County.
IT IS SO ORDERED.
DATED: ______________
________________________________
JUDGE OF THE UNITED STATES
DISTRICT COURT NORTHERNDISTRICT OF CALIFORNIA
Case5:14-cv-03084-RMW Document16-2 Filed08/15/14 Page2 of 4
-
8/11/2019 STIPULATION RE REMAND OF CASE DISMISSAL OF DEFENDANTS STILWELL AND PAUL AND WITHDRAWAL OF ANTI-SL
15/16
STRADLING YOCCA
CARLSON &RAUTH L AWYERS
NE W POR T BE AC HPROOF OF SERVICE
DOCSOC/1676259v1/102910-0006
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
CERTIFICATE OF SERVICE
I certify that on August 15, 2014 the foregoing document was served on all
parties or their counsel of record through the CM/ECF system if they are registered
users or, if they are not, I hereby certify that a true and correct copy was served inthe manner set forth below:
BY EMAIL: by transmitting via electronic mail the document(s) listed
above to the email address(es) set forth below. BY FACSIMILE: by transmitting via facsimile the document(s) listed
above to the facsimile number(s) set forth below. I certify that saidtransmission was completed without error and that a report was generated by
facsimile machine (949) 725-4100 which confirms said transmission.
BY OVERNIGHT DELIVERY: by placing the document(s) listed abovein a sealed envelope with postage thereon fully prepaid, and delivering viaovernight courier and addressed as set forth below, respectively.
BY MAIL: by placing the document(s) listed above in a sealed envelopewith postage thereon fully prepaid, in the United States Mail in Newport
Beach, California, addressed as set forth below. BY PERSONAL DELIVERY: by causing personal delivery by
Nationwide Legal, Inc. of the document(s) listed above to the person(s) atthe address(es) set forth below
SEE ATTACHED SERVICE LIST
I am readily familiar with the firms practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with theU.S. Postal Service on that same day with postage thereon fully prepaid in the
ordinary course of business. I am aware that on motion of the party served, serviceis presumed invalid if postal cancellation date or postage meter date is more than
one day after the date of deposit for mailing in affidavit.
I declare under penalty of perjury under the laws of the United States and theState of California that the above is true and correct.
Executed on August 15, 2014, at Newport Beach, California.
/s/ Alicia C. ElamAlicia C. Elam
Case5:14-cv-03084-RMW Document16-2 Filed08/15/14 Page3 of 4
-
8/11/2019 STIPULATION RE REMAND OF CASE DISMISSAL OF DEFENDANTS STILWELL AND PAUL AND WITHDRAWAL OF ANTI-SL
16/16
STRADLING YOCCA
CARLSON &RAUTH L AWYERS
NE W POR T BE AC HPROOF OF SERVICE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
SERVICE LIST
Steven M cInchak v. City of Carmel-by-the-Sea, et al.
Monterey County Superior Cour t Case No. M128062
Michelle A. Welsh
Stoner, Welsh & Schmidt413 Forest AvenuePacific Grove, CA 93950-4201
Telephone: (831) 373-1993Facsimile: (831) 373-1492
Attorney for Plaintif f/Petitioner
STEVEN MCINCHAK
Case5:14-cv-03084-RMW Document16-2 Filed08/15/14 Page4 of 4