STIPULATION AND (PROPOSED) ORDER TO SETTLE CASE, VACATE TRIAL AND PRETRIAL DATES, AND SET BRIEFING SCHEDULE FOR PLAINTIFF'S MOTION FOR REASONABLE ATTORNEYS' FEES

DONNA M. RYU, Magistrate Judge.

ALL PARTIES, THROUGH THEIR RESPECTIVE COUNSEL OF RECORD, HEREBY STIPULATE THAT THE PARTIES HAVE AGREED TO SETTLE THIS CASE ON THE FOLLOWING TERMS, AND REQUEST THIS COURT VACATE ALL PENDING TRIAL AND PRETRIAL DATES, AND ORDER THE FURTHER PROCEEDINGS HEREIN STIPULATED:

Plaintiff Peter Dixon and Defendants City of Oakland, Bernard Ortiz, and Steven Toribio agree to settle all of Plaintiff's claims pending against them in this matter, including for damages, attorneys' fees, and other relief, for the total amount of Twenty-Five Thousand Dollars ($25,000), subject to approval by the Oakland City Council. Counsel for the City of Oakland will take all necessary action so that this matter may be reviewed and resolved expeditiously by the City Council and City offices, and represents that final approval and issuance of a settlement check could be obtained within sixty (60) days. These parties stipulate to a conditional dismissal of all claims pending against Defendants City of Oakland, Bernard Ortiz, and Steven Toribio only.

Plaintiff Peter Dixon further stipulates to immediately dismiss with prejudice all remaining claims pending against Defendants Police Officers Patrick Gerrans, Robert Gerrans, and Roberto Garcia, each side to bear their own costs and attorneys' fees related to such claims.

Plaintiff Peter Dixon and Defendants Personal Protective Services, Inc., Stanley Teets, Demont Marrow, Meredith Wilson, Rene Garcia, and LaDale Slocum agree to settle all of Plaintiff's claims for damages pending against them for the total award of One Hundred, Ten Thousand Dollars ($110,000), with Plaintiff's claims for reasonable attorneys' fees related to such claims, including Plaintiff's Bane Act claim (California Civil Code § 52.1), to be resolved by motion to this Court, The Honorable Donna M. Ryu. The parties request the following briefing schedule for Plaintiff's motion for reasonable attorneys' fees:

SO STIPULATED, AND THE PARTIES HEREBY REQUEST THAT TRIAL AND ALL PENDING PRE-TRIAL DATES BE VACATED, AND THAT THIS STIPULATION BE SO ORDERED:

(PROPOSED) ORDER

Pursuant to stipulation of the parties and good cause appearing therefore, IT IS SO ORDERED. Further, the trial date and all pending pretrial dates in this matter are vacated. Plaintiff's motion for reasonable attorneys' fees shall be briefed and heard on the following schedule: