Case 3:17-cv-01433-WVG Document 58 Filed 09/26/19 PageID.275 Page 1 of 5 1 2 3 4 5 MARA W. ELLIOTT, CITY ATTORNEY GEORGE F. SCHAEFER, Assistant City Attorney Marni von Wilpert (CSB # 321447) Office of the San Diego City Attorney 1200 Third Avenue, Suite 1100 San Diego, CA 92101 Telephone: (619)- 533-5800 Email: mvonwilpert@sandiego.gov Attorneys for Defendant City of San Diego DREHER LAW FIRM Robert Scott Dreher (CSB# 120527) 7 350 W. Ash, Suite 101 San Diego, California 92101 8 Telephone: (619) 230-8828 Email: scott@dreherlawfirm.com 6 9 IREDALE & YOO, APC Eugene G. Iredale (CSB #75292) 105 West F Street, Fourth Floor 11 San Diego, CA 92101 Telephone: (619) 233-1525 12 Email: eiredale@iredalelaw.com 10 13 Attorneys for Plaintiffs 14 UNITED STATES DISTRICT COURT 15 SOUTHERN DISTRICT OF CALIFORNIA 16 17 ERIC ARUNDEL, OWEN BOYER, JEFF ) Case No. 17cv1433-WVG 18 19 20 21 22 23 24 25 26 27 HAYES, ROBERT KELSEY, ALEXIS ) LEFTRIDGE, RICHARD MELVIN, ) MICHAEL SANDERS, DEBRA SMITH, ) RICHARD STEVEN-SON, and SHERI ) PASANEN, on behalf of themselves and ) all others similarly situated, ) ) Plaintiffs, ) v. ) ) CITY OF SAN DIEGO, ) ) Defendant. ) ) ) STIPULATION AND PROPOSED SETTLEMENT ORDER CLASS ACTION Judge: Suite: Hon. William V. Gallo 2125 28 1 17cv1433-WVG Case 3:17-cv-01433-WVG Document 58 Filed 09/26/19 PageID.276 Page 2 of 5 1 Having reached a resolution of the issues in the above-referenced litigation 2 during the June 24, 2019 Mandatory Settlement Conference (Doc. No. 54), the 3 Parties have agreed to the terms in the proposed Settlement Agreement and 4 Stipulation to Continuing Jurisdiction (“Settlement Agreement”). (A true and 5 correct copy of the Settlement Agreement is attached hereto as Exhibit 1.) Therefore, 6 it is hereby stipulated and agreed by and between the Plaintiff CLASS 7 REPRESENTATIVES, individually and on behalf of all others similarly situated, by 8 and through Dreher Law Firm and Iredale & Yoo, APC on the one hand, and 9 Defendant CITY OF SAN DIEGO by and through the Office of the San Diego City 10 Attorney on the other hand, to cease active litigation of this matter according to the 11 settlement terms outlined herein, and to stipulate to the continuing jurisdiction of 12 Hon. William V. Gallo. 13 14 As detailed fully in the Settlement Agreement, the Parties agreed to resolve this case as outlined below: 15 1) Storage Facility: Defendant City of San Diego agrees to open a new 16 storage facility in the City of San Diego for use by homeless persons to 17 store their personal belongings; 18 2) San Diego Police Department Training Bulletin: Defendant City of San 19 Diego agrees to implement and adopt new official written procedures for 20 the training of officers and the enforcement of SDMC 54.0110, as set forth 21 in the San Diego Police Department Training Bulletin No. 19-10 titled, 22 “Unauthorized Encroachments Prohibited – SDMC 54.0110”; and 23 3) Attorneys’ Fees: $49,000 paid to Plaintiffs’ co-counsel, Iredale & Yoo. 24 The Parties stipulate and agree that Plaintiffs’ lead counsel Dreher Law 25 Firm has agreed to waive payment of and forego seeking attorneys’ fees in 26 this matter in consideration of the Settlement Agreement and adherence to 27 the terms and recitals therein. The Parties further stipulate and agree that 28 such waiver is and shall be without prejudice and that, in the event of a 2 17cv1433-WVG Case 3:17-cv-01433-WVG Document 58 Filed 09/26/19 PageID.277 Page 3 of 5 1 substantial breach of the Settlement Agreement in this matter (if and as 2 determined by the Court), Plaintiffs’ lead counsel shall reserve the right to, 3 and may, seek those attorneys’ fees, as and to be determined and approved 4 by the Court. 5 4) Continuing Jurisdiction: The Parties stipulate that this matter shall be 6 subject to the continuing jurisdiction of Magistrate Judge William V. Gallo, 7 United States District Court, Southern District of California, in order to 8 provide for and enable the monitoring of the Parties’ compliance with the 9 Settlement Agreement.1 10 The Parties agree that the attached Settlement Agreement represents a 11 compromise and settlement of disputed claims, designed to avoid the time, expense 12 and uncertainty of protracted litigation in this Court. Nothing in the Settlement 13 Agreement is intended to or will be construed as an admission by Defendant that the 14 Plaintiffs’ claims in the lawsuit have merit or that it has any liability to Plaintiffs or 15 the Class on those claims, nor is it intended to or will be construed as an admission 16 by Plaintiffs that their claims lack merit or that Defendant’s defenses in the action 17 have any merit. 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 26 Nothing in the instant STIPULATION AND PROPOSED SETTLEMENT ORDER is intended to conflict with or override any term in the Settlement 28 Agreement; to the extent this STIPULATION contradicts any term in the Settlement Agreement, the Settlement Agreement is the controlling and operative document. 1 27 3 17cv1433-WVG Case 3:17-cv-01433-WVG Document 58 Filed 09/26/19 PageID.278 Page 4 of 5 1 ACCORDINGLY, IT IS HEREBY STIPULATED AND AGREED by the 2 Parties that they now desire to resolve the claims set forth in the lawsuit, subject to 3 approval by this Court for the purpose of effecting the resolution. 4 5 Dated: September 26, 2019 6 DREHER LAW FIRM By /s Robert Scott Dreher Robert Scott Dreher 7 8 Attorneys for Plaintiffs 9 10 11 12 13 14 15 Dated: September 26, 2019 MARA W. ELLIOTT, City Attorney By /s/Marni von Wilpert Marni von Wilpert Deputy City Attorney Attorneys for Defendants 16 17 18 19 20 21 22 23 24 25 26 27 28 4 17cv1433-WVG Case 3:17-cv-01433-WVG Document 58 Filed 09/26/19 PageID.279 Page 5 of 5 1 SIGNATURE CERTIFICATION 2 Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative 3 Policies and Procedures Manual, I hereby certify that the content of this document is 4 acceptable to Robert Scott Dreher, counsel for Plaintiffs, and that I have obtained Mr. 5 Dreher’s authorization to affix his electronic signature to this document. 6 7 8 9 Dated: September 26, 2019 MARA W. ELLIOTT, City Attorney By /s/ Marni von Wilpert Marni von Wilpert Deputy City Attorney 10 11 Attorneys for Defendants 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 17cv1433-WVG