McCoy v. City of Vallejo

City Attorney, State Bar No. 140001 RANDY J. RISNER Chief Assistant City Attorney, State Bar No. 172552 KATELYN M. KNIGHT Assistant City Attorney, State Bar No. 264573 CITY OF VALLEJO, City Hall Santa Clara Street Vallejo, California 94590 Telephone: (707) 648-4545 Facsimile: (707) 648-4687 Email: [email protected] MICHAEL G. COLANTUONO, State Bar No. 143551 [email protected] ANDREW C. RAWCLIFFE, State Bar No. 259224 [email protected] NIKHIL S. DAMLE, State Bar No. 297350 [email protected] COLANTUONO, HIGHSMITH & WHATLEY, PC 420 Sierra College Drive, Suite 140 Grass Valley, California 95945-5091 Telephone: (530) 432-7357 Facsimile: (530) 432-7356 Attorneys for Defendants CITY OF VALLEJO, ANDREW BIDOU, GREG NYHOFF, MARK THOMPSON, BRYAN GLICK, ANTHONY ROMERO-CANO, COLIN EATON, JORDON PATZER, STEVEN DARDEN, AND KYLE WYLIE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA KORI MCCOY, etc., et al., CASE NO.: 2:19-cv-01191-JAM-CKD

Plaintiffs, STIPULATION AND ORDER ON DISMISSAL 21 v. OF MARQUITA MCCOY’S STATE LAW CLAIMS BROUGHT IN HER INDIVIDUAL 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 McCoy, Shawnmell Mitchell, Marquita McCoy, and Barbara Dorsey (“Plaintiffs”) and Defendants City of Vallejo, Andrew Bidou, Greg Nyhoff, Mark Thompson, Bryan Glick, Anthony Romero- Cano, Colin Eaton, Jordon Patzer, Steven Darden, Kyle Wylie and Ryan McMahon (“Defendants”1), 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 III of the Order re Filing Requirements, ECF No. 4-2, in anticipation of Defendants moving under Rule 12(b) to dismiss various causes of action pleaded in Plaintiffs’ Second Amended Complaint’s (“SAC”) for their failure to state a claim.

10 WHEREAS, the Parties agreed during that meet and confer that Plaintiff Marquita McCoy cannot pursue state law claims brought in her individual capacity for money or damages for failure present a timely government claim for damage within six months of the Willie McCoy’s death and the limitations period has lapsed. Cal. Gov. Code, §§ 905, 905.2, 954.4. Nor can Ms. McCoy rely on her siblings’ claims as their injuries are distinct from hers. Nguyen v. Los Angeles County Harbor/UCLA Medical Center, 8 Cal.App.4th 729, 733–734 (1992); e.g., Castaneda v. Department of Corrections & Rehabilitation, 212 Cal.App.4th 1051, 1063 (2013).

17 WHEREAS, the Parties agreed that Plaintiff Marquita McCoy would voluntarily dismiss with prejudice her state law claims for wrongful death, under the Bane Act (Cal. Civ. Code, § 52.1), battery, conspiracy, and supervisory liability that are found in the SAC’s Fourth through Eighth Causes Action and will not further pursue these or any other state law claim for money or damages 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 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.

2 DATED: April 23, 2021 /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

9 DATED: April 23, 2021 /s/ Derick E. Konz 11 DERICK E. KONZ Attorneys for Defendant Ryan McMahon DATED: April 23, 2021

/s/ Patrick M. Buelna PATRICK M. BUELNA 17 Attorneys for Plaintiffs

IT IS SO ORDERED.

DATED: April 26, 2021 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ 23 UNITED STATES DISTRICT COURT JUDGE