McCoy v. City of Vallejo ( 2021 )

City Attorney, State Bar No. 140001 2 RANDY J. RISNER Chief Assistant City Attorney, State Bar No. 172552 3 KATELYN M. KNIGHT Assistant City Attorney, State Bar No. 264573 4 CITY OF VALLEJO, City Hall 555 Santa Clara Street 5 Vallejo, California 94590 Telephone: (707) 648-4545 6 Facsimile: (707) 648-4687 Email: katelyn.knight@cityofvallejo.net 7 MICHAEL G. COLANTUONO, State Bar No. 143551 8 MColantuono@chwlaw.us ANDREW C. RAWCLIFFE, State Bar No. 259224 9 ARawcliffe@chwlaw.us NIKHIL S. DAMLE, State Bar No. 297350 10 NDamle@chwlaw.us COLANTUONO, HIGHSMITH & WHATLEY, PC 11 420 Sierra College Drive, Suite 140 Grass Valley, California 95945-5091 12 Telephone: (530) 432-7357 Facsimile: (530) 432-7356 13 Attorneys for Defendants 14 CITY OF VALLEJO, ANDREW BIDOU, GREG NYHOFF, MARK THOMPSON, BRYAN GLICK, ANTHONY 15 ROMERO-CANO, COLIN EATON, JORDON PATZER, STEVEN DARDEN, AND KYLE WYLIE 16 UNITED STATES DISTRICT COURT 17 EASTERN DISTRICT OF CALIFORNIA 18 19 KORI MCCOY, etc., et al., CASE NO.: 2:19-cv-01191-JAM-CKD 20 Plaintiffs, STIPULATION AND ORDER ON DISMISSAL 21 v. OF MARQUITA MCCOY’S STATE LAW CLAIMS BROUGHT IN HER INDIVIDUAL 22 CITY OF VALLEJO, etc., et al., CAPACITY 23 Complaint Filed: June 27, 2019 Defendants. SAC Filed: March 26, 2021 24 Trial Date: August 29, 2022 25 26 27 28 2 McCoy, Shawnmell Mitchell, Marquita McCoy, and Barbara Dorsey (“Plaintiffs”) and Defendants 3 City of Vallejo, Andrew Bidou, Greg Nyhoff, Mark Thompson, Bryan Glick, Anthony Romero- 4 Cano, Colin Eaton, Jordon Patzer, Steven Darden, Kyle Wylie and Ryan McMahon (“Defendants”1), 5 referred to collectively as the “Parties,” by and through their designated counsel, that: 6 WHEREAS, on April 21, 2021, the Parties held a meet and confer in compliance with section 7 III of the Order re Filing Requirements, ECF No. 4-2, in anticipation of Defendants moving under 8 Rule 12(b) to dismiss various causes of action pleaded in Plaintiffs’ Second Amended Complaint’s 9 (“SAC”) for their failure to state a claim. 10 WHEREAS, the Parties agreed during that meet and confer that Plaintiff Marquita McCoy 11 cannot pursue state law claims brought in her individual capacity for money or damages for failure 12 present a timely government claim for damage within six months of the Willie McCoy’s death and 13 the limitations period has lapsed. Cal. Gov. Code, §§ 905, 905.2, 954.4. Nor can Ms. McCoy rely on 14 her siblings’ claims as their injuries are distinct from hers. Nguyen v. Los Angeles County 15 Harbor/UCLA Medical Center, 8 Cal.App.4th 729, 733–734 (1992); e.g., Castaneda v. Department 16 of Corrections & Rehabilitation, 212 Cal.App.4th 1051, 1063 (2013). 17 WHEREAS, the Parties agreed that Plaintiff Marquita McCoy would voluntarily dismiss 18 with prejudice her state law claims for wrongful death, under the Bane Act (Cal. Civ. Code, § 52.1), 19 battery, conspiracy, and supervisory liability that are found in the SAC’s Fourth through Eighth 20 Causes Action and will not further pursue these or any other state law claim for money or damages 21 on her own behalf, except those sought as a successor-interest to decedent Willie McCoy. 22 NOW THEREFORE, the Parties, through their undersigned counsel below, hereby stipulate 23 and agree: 24 1. Plaintiff Marquita McCoy’s state law claims for wrongful death, Bane Act violations (Cal. 25 Civ. Code, § 52.1), battery, conspiracy, and supervisory liability, which are brought in her 26 individual capacity, under the Fourth through Eighth Cause of Action in Plaintiffs’ Second 27 Amended Complaint are dismissed with prejudice. 28 2 DATED: April 23, 2021 3 /s/ Andrew C. Rawcliffe 4 ANDREW C. RAWCLIFFE Attorneys for Defendants 5 City of Vallejo, Andrew Bidou, Greg Nyhoff, Mark Thompson, Bryan Glick, Anthony 6 Romero-Cano, Colin Eaton, Jordon Patzer, Steven Darden, and Kyle Wylie 7 8 9 DATED: April 23, 2021 10 /s/ Derick E. Konz 11 DERICK E. KONZ Attorneys for Defendant Ryan McMahon 12 13 14 DATED: April 23, 2021 15 /s/ Patrick M. Buelna 16 PATRICK M. BUELNA 17 Attorneys for Plaintiffs 18 19 IT IS SO ORDERED. 20 21 DATED: April 26, 2021 /s/ John A. Mendez 22 THE HONORABLE JOHN A. MENDEZ 23 UNITED STATES DISTRICT COURT JUDGE 24 25 26 27 28