Hardesty v. Sacramento Metropolitan Air Quality Mgt. Dist.

1 RICHARD S. LINKERT, Bar No. 88756 [email protected] MATHENY SEARS LINKERT JAIME LLP 3638 American River Drive Sacramento, CA 95864-4711 Telephone: (916) 978-3434 Facsimile: (916) 978-3430 Attorneys for Defendant SACRAMENTO COUNTY DEREK P. COLE, Bar No. 204250 [email protected] COLE HUBER LLP 2281 Lava Ridge Court – Suite 300 Roseville, California 95661 Telephone: (916) 780-9009 Facsimile: (916) 780-9050 Attorneys for Defendant SACRAMENTO COUNTY 12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA 14 SACRAMENTO DIVISION JOSEPH HARDESTY, et al., Case No.: 2:10-cv-02414-KJM-KJN 16 Consolidated with: 2:12-cv-2457-KJM-KJN Plaintiffs, 17 STIPULATION AND ORDER TO v. EXONERATE BOND SACRAMENTO METROPOLITAN AIR QUALITY MANAGEMENT DISTRICT, et Judge: Hon. Kimberly J. Mueller al., Magistrate: Hon. Kendall J. Newman Defendants. Trial Date: February 16, 2017 21 Action Filed: September 8, 2010 AND RELATED CONSOLIDATED CASES

1 STIPULATION TO EXONERATE BOND 2 The parties, through their respective counsel, stipulate as follows: 3 Plaintiffs and Sacramento County hereby stipulate to release the $53,402,501 bond (see ECF No. 620) that was posted in accordance with this Court’s June 28, 2019, stay order (ECF No. 618). They also stipulate to exonerate Hartford Fire Insurance Company, the surety that posted the bond.

7 Hartford’s bond secured Plaintiffs’ interest in their money judgment while the County’s appeal was pending. See Rachel v. Banana Republic, Inc., 831 F.2d 1503, 1505 n.1 (9th Cir. 1987). But the appeal is no longer pending. The Ninth Circuit reversed the damages awarded by the jury against the County. Hardesty v. Sacramento Cty., 824 F. App’x 474, 478 (9th Cir. 2020).

11 And the Ninth Circuit has issued its mandate. (ECF No. 623.) The County petitioned the United States Supreme Court for certiorari, but the Court denied the petition on June 28, 2021.

13 Because there is presently no money judgment to secure, no further proceedings remain in the Ninth Circuit, and the United States Supreme Court denied certiorari, Hartford’s bond no longer serves any purpose and the parties agree that it may be released forthwith.

16 Accordingly, we request that the Court now do the following: 17 1. Order that bond number 72BSBID5173 issued by surety Hartford Fire Insurance Company is released and the surety is exonerated from all liability under said bond as of the date of this Court’s order.

20 2. Nothing in this Stipulation is intended to determine, nor shall determine, the scope of further proceedings in this Court, including the issues to be tried or determined in accordance with the Mandate of the Ninth Circuit Court of Appeals (ECF Doc Nos. 622, 623).

23 [Signatures on next page] 1 SO STIPULATED.

3 Dated: September 7, 2021 COLE HUBER LLP

5 By: /s/ Derek P. Cole Derek P. Cole, Esq.

6 Co-Counsel for Defendant SACRAMENTO COUNTY Dated: September 7, 2021 PETERSON WATTS LAW GROUP, LLP By: /s/ Glenn W. Peterson 11 Glenn W. Peterson, Esq.

PETERSON WATTS LAW GROUP, LLP 12 Attorneys for Plaintiffs THE SCHNEIDER FAMILY Dated: September 7, 2021 YETTER COLEMAN LLP By: /s/ Christian J. Ward 16 Christian J. Ward, Esq.

YETTER COLEMAN LLP 17 Attorneys for Plaintiffs THE HARDESTY FAMILY 1 ORDER 2 For good cause shown, surety Hartford Fire Insurance Company is exonerated and bond || number 72BSBID5173 is hereby released.

4 IT IS SO ORDERED.

5 This order resolves ECF No. 644.

6 |} DATED: September 14, 2021.

8 l ti / ¢ q_/ 9 CHIEF NT] ED STATES DISTRICT JUDGE a8 13 5 14 5 16