Stipulation Re Remand of Case Dismissal of Defendants Stilwell and Paul and Withdrawal of Anti-Slapp Motion PDF

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STRADLI NG YOCCA
CARLSON & RAUTH
LAWY ERS
NEWPORT BEACH

STIPULATION RE REMAND, DISMISSAL AND WITHDRAWAL (5:14-cv-03084 (RMW), (HRL).)
DOCSOC/1676235v2/102910-0006
J EFFREY A. DINKIN, SBN 111422
jdinkin@sycr.com
ALLISON E. BURNS, SBN 198231
aburns@sycr.com
DAVID C. PALMER, SBN 251609
dpalmer@sycr.com
STRADLING YOCCA CARLSON & RAUTH
A Professional Corporation
800 Anacapa Street, Suite A
Santa Barbara, California 93101
Telephone: (805) 730-6800
Facsimile: (805) 730-6801

Attorneys for Defendants, CITY OF
CARMEL-BY-THE SEA; J ASON
STILWELL; SUSAN PAUL

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA, SAN J OSE
STEVEN MCINCHAK
Petitioner/Plaintiff,
v.
CITY OF CARMEL-BY-THE-SEA,
J ASON STILWELL, CITY
ADMINISTRATOR OF THE CITY OF
CARMEL-BY-THE-SEA, SUSAN
PAUL, ADMINISTRATIVE
SERVICES DIRECTOR OF THE
CITY OF CARMEL-BY-THE-SEA;
and DOES 1 through 50, inclusive,
Defendants.

CASE NO. 5:14-cv-03084 (RMW),
(HRL)

STIPULATION RE REMAND OF
CASE, DISMISSAL OF
DEFENDANTS JASON STILWELL
AND SUSAN PAUL AND
WITHDRAWAL OF ANTI-SLAPP
MOTION

Action Filed: June 4, 2014
Trial Date: Not Set

Case5:14-cv-03084-RMW Document16 Filed08/15/14 Page1 of 6
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STRADLI NG YOCCA
CARLSON & RAUTH
LAWY ERS
NEWPORT BEACH

DOCSOC/1676235v2/102910-0006
This Stipulation is entered into and between plaintiff Steven McInchak
(Plaintiff) and defendants J ason Stilwell (Mr. Stilwell), Susan Paul (Ms.
Paul) and the City of Carmel-by-the-Sea (City) (referred to herein collectively
as Defendants), through their undersigned counsel. The parties hereby stipulate
to the following:

WHEREAS, Plaintiff filed a Motion to Remand Case to State Court on August
1, 2014;

WHEREAS, Defendants filed a Motion to Strike Certain Claims of Plaintiffs
Petition-Complaint Pursuant to California Code of Civil Procedure Section 425.16
(Anti-SLAPP Motion) on August 1, 2014;

WHEREAS, Defendants find it agreeable to remand this action to state court
and withdraw the Anti-SLAPP Motion in exchange for Plaintiff agreeing to (i)
dismiss Mr. Stilwell and Ms. Paul entirely from this action, without prejudice; and
(ii) amend Plaintiffs Petition-Complaint filed on J une 4, 2014 (Original
Complaint) to delete certain language alleging violations of federal law and the
U.S. Constitution.

THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS
FOLLOWS:
1. Plaintiff and Defendants agree to an order of the Court remanding the above-
captioned action to the Superior Court of California, Monterey County.
2. Within 20 court days after the federal court clerk issues the order of remand
to the clerk of the Superior Court of California, Monterey County (Notice
of Remand), Plaintiff shall dismiss Mr. Stilwell and Ms. Paul from the
above-captioned action, without prejudice, by filing requests for dismissal
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STRADLI NG YOCCA
CARLSON & RAUTH
LAWY ERS
NEWPORT BEACH
-2-
DOCSOC/1676235v2/102910-0006
substantially in the form of Exhibit A and Exhibit B attached hereto.
3. Within 20 court days after the Notice of Remand, Plaintiff shall file an
amended complaint in this action, which amended complaint shall have
deleted all language related to federal law and the United States Constitution
located in paragraph 18, at page 7, lines 25 through 26 of the Original
Complaint but shall otherwise be identical to the Original Complaint.
4. Within 20 court days after the Notice of Remand, Defendants shall withdraw
their Anti-SLAPP Motion without prejudice.
5. Nothing in this stipulation or Defendants withdrawal of their Anti-SLAPP
Motion shall be construed as a waiver of any right, cause of action or
defense by any party.
6. This stipulation may be executed in multiple parts, each of which when so
executed shall be deemed an original and all of which taken together shall
constitute one and the same stipulation.

DATED: August 15, 2014

STONER WELSH & SCHMIDT

By: /s/ Michelle Welsh
Michelle Welsh

Attorney for Plaintiff
STEVEN MCINCHAK

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STRADLI NG YOCCA
CARLSON & RAUTH
LAWY ERS
NEWPORT BEACH
-3-
DOCSOC/1676235v2/102910-0006
DATED: August 15, 2014

STRADLING YOCCA CARLSON &
RAUTH
A Professional Corporation

By: /s/ Allison E. Burns
J effrey A. Dinkin
Allison E. Burns
David C. Palmer

Attorneys for Defendants
CITY OF CARMEL-BY-THE
SEA; J ASON STILWELL; SUSAN
PAUL

STRADLI NG YOCCA
CARLSON & RAUTH
LAWY ERS
NEWPORT BEACH

SERVICE LIST
DOCSOC/1676235v2/102910-0006
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CERTIFICATE OF SERVICE
I certify that on August 15, 2014 the foregoing document was served on all
parties or their counsel of record through the CM/ECF system if they are registered
users or, if they are not, I hereby certify that a true and correct copy was served in
the manner set forth below:

BY EMAIL: by transmitting via electronic mail the document(s) listed
above to the email address(es) set forth below.
BY FACSIMILE: by transmitting via facsimile the document(s) listed
above to the facsimile number(s) set forth below. I certify that said
transmission was completed without error and that a report was generated by
facsimile machine (949) 725-4100 which confirms said transmission.
BY OVERNIGHT DELIVERY: by placing the document(s) listed above
in a sealed envelope with postage thereon fully prepaid, and delivering via
overnight courier and addressed as set forth below, respectively.
BY MAIL: by placing the document(s) listed above in a sealed envelope
with postage thereon fully prepaid, in the United States Mail in Newport
Beach, California, addressed as set forth below.
BY PERSONAL DELIVERY: by causing personal delivery by
Nationwide Legal, Inc. of the document(s) listed above to the person(s) at
the address(es) set forth below
SEE ATTACHED SERVICE LIST
I am readily familiar with the firms practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with the
U.S. Postal Service on that same day with postage thereon fully prepaid in the
ordinary course of business. I am aware that on motion of the party served, service
is presumed invalid if postal cancellation date or postage meter date is more than
one day after the date of deposit for mailing in affidavit.
I declare under penalty of perjury under the laws of the United States and the
State of California that the above is true and correct.
Executed on August 15, 2014, at Newport Beach, California.

/s/ Alicia C. Elam
Alicia C. Elam

STRADLI NG YOCCA
CARLSON & RAUTH
LAWY ERS
NEWPORT BEACH

PROOF OF SERVICE
DOCSOC/1676235v2/102910-0006
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SERVICE LIST
Steven McInchak v. City of Carmel-by-the-Sea, et al.
Monterey County Superior Court Case No. M128062

Michelle A. Welsh
Stoner, Welsh & Schmidt
413 Forest Avenue
Pacific Grove, CA 93950-4201
Telephone: (831) 373-1993
Facsimile: (831) 373-1492

Attorney for Plaintiff/Petitioner
STEVEN MCINCHAK

Page 4
Case5:14-cv-03084-RMW Document16-1 Filed08/15/14 Page1 of 6
EXHIBIT A
Page 5
CIV-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. State Bar number, and address):
MICHELLE A. WELSH 084127
FOR COURT USE ONLY
STONER, WELSH & SCHMIDT
413 Forest Avenue
TELEPHONE NO.:
831-373-1993 FAX NO. (Optional). 831-373-1492
E-MAIL ADDRESS
ATTORNEY FOR (Name):
Petitioner/Plaintiff
SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY
STREET ADDRESS:
1200 Aguajito Road
MAILING ADDRESS:
1200 Aguajito Road
CITY AND ZIP CODE:
Monterey, 93940
BRANCH NAME:
Monterey Courthouse
PLAINTIFF/PETITIONER: STEVEN MCINCHAK
DEFENDANT/RESPONDENT: CITY OF CARMEL-BY-THE-SEA, ET AL.
REQUEST FOR DISMISSAL
CASE NUMBER: M 128062
A conformed copy will not be returned by the clerk unless a method of return is provided with the document.
This form may not be used for dismissal of a derivative action or a class action or of any party or cause of action in a
class action. (Cal. Rules of Court, rules 3. 760 and 3.770.)
1. TO THE CLERK: Please dismiss this action as follows:
a. (1) D With prejudice (2) C8J Without prejudice
b. (1) D Complaint (2) D Petition
(3) D Cross-complaint filed by (name):
(4) D Cross-complaint filed by (name):
(5) D Entire action of all parties and all causes of action
(6) IZJ Other (specify):* ALL CAUSES OF ACTION AS TO JASON STILWELL
2. (Complete in all cases except family law cases.)
on (date) :
on (date):
The court D did 1Zl did not waive court fees and costs for a party in this case. (This information may be obtained from
the clerk. If court fees and costs were waived, the declaration on the back of this form must be completed).
Date:
MICHELLE A. WELSH
(SIGNATURE)
Attorney or party without attorney for:
(TYPE OR PRINT NAME OF IZI ATTORNEY D PARTY WITHOUT ATTORNEY)
*If dismissal requested is of specified parties only of specified causes of action
only, or of specified cross-complaints only, so state and identify the parties,
causes of action, or cross-complaints to be dismissed.
IZ! Plaintiff/Petitioner 0 DefendanURespondent
TO THE CLERK: Consent to the above dismissal is hereby given.
Date:
D Cross-Complainant
(TYPE OR PRINT NAME OF D ATTORNEY D PARTY WITHOUT ATTORNEY)
If a cross-complaint - or Response (Family Law) seeking affirmative
relief- is on file, the attorney for cross-complainant (respondent) must
(SIGNATURE)
sign this consent if required by Code of Civil Procedure section 581 (i)
D Plaintiff/Petitioner D DefendanURespondent
or Q).
D Cross-Complainant
{To be completed by clerk)
4. D Dismissal entered as requested on (date):
5 D Dismissal entered on (date): as to only (name):
6. 0 Dismissal not entered as requested for the following reasons (specify):
7. a. D Attorney or party without attorney notified on (date):
b. 0 Attorney or party without attorney not notified. Filing party failed to provide
D a copy to be conformed D means to return conformed copy
Date: Clerk, by ------------------...J Deputy
Form Adopted for Mandatory Use
Judicial Council of
CIV-110[Rev. Jan.1 , 2013]
Pa e1 of2
Code of Civil Procedure, 581 at seq.;
Gov. Code, 68637(c); Cal. Rules of Court. rule 3. 1390
www.courls.ca.gov
Page 6
PLAINTIFF/PETITIONER: MCINCHAK CASE NUMBER:
M128062
COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS
If a party whose court fees and costs were initially waived has recovered or will recover $10,000 or
more in value by way of settlement, compromise, arbitration award, mediation settlement, or other
means, the court has a statutory lien on that recovery. The court may refuse to dismiss the case until
the lien is satisfied. (Gov. Code, 68637.)
Declaration Concerning Waived Court Fees
1. The court waived court fees and costs in this action for (name):
2. The person named in item 1 is (check one below):
a. 0 not recovering anything of value by this action.
b. 0 recovering less than $10,000 in value by this action.
c. 0 recovering $10,000 or more in value by this action. (If item 2c is checked, item 3 must be completed.)
3. 0 All court fees and court costs that were waived in this action have been paid to the court (check one): 0 Yes
I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.
Date: -----------
(TYPE OR PRINT NAME OF D ATIORNEY D PARTY MAKING DECLARATION)
(SIGNATURE)
CIV- 110 [ Rev. January 1, 2013] REQUEST FOR DISMISSAL
CIV-110
0No
Paga2 of 2
Ameriun LegalNet,lnc. ~
WWW fprmsWorkF!ow.com ~ ~
Page 7
EXHIBITB
Page 8
Case5:14-cv-03084-RMW Document16-1 Filed08/15/14 Page5 of 6 CIV-110
A lTORNEY OR PARTY WITHOUT AlTORNEY (Name, State Bar number, and address):
MICHELLE A WELSH 084127
FOR COURT USE ONLY
STONER, WELSH & SCHMIDT
413 Forest Avenue
TELEPHONE NO.:
831-373-1993 FAX NO. (Optional): 831-373-1492
E-MAIL ADDRESS (Optional):
AlTORNEY FOR (Name):
Petitioner/Plaintiff
SUPERIOR COURT OF CAUFORNIA, COUNTY OF MONTEREY
STREET ADDRESS:
1200 Aguaj ito Road
MAILING ADDRESS:
1200 Aguajito Road
CITY AND ZIP CODE:
Monterey, 93940
BRANCH NAME:
Monterey Courthouse
PLAINTIFF/PETITIONER: STEVEN MCINCHAK
CASE NUMBER: M 128062
A conformed copy will not be returned by the clerk unless a method of return is provided with the document.
This form may not be used for dismissal of a derivative action or. a class action or of any party or cause of action in a
class action. (Cal. Rules of Court, rules 3.760 and 3.770.)
1. TO THE CLERK: Please dismiss this action as follows:
a. {1) 0 With prejudice (2) jgl Without prejudice
b. {1) 0 Complaint (2) 0 Petition
{3) 0 Cross-complaint filed by (name): on (date):
(4) 0 Cross-complaint filed by (name): on (date):
(5) 0 Entire action of all parties and all causes of action
(6) Other (specify):* ALL CAUSES OF ACTION AS TO SUSAN PAUL
2. (Complete in all cases except family law cases.)
The court 0 did did not waive court fees and costs for a party in this case. (This information may be obtained from
the clerk. If court fees and costs were waived, the declaration on the back of this form must be completed).
Date:
MICHELLE A WELSH
(SIGNATURE)
(TYPE OR PRINT NAME OF AlTORNEY 0 PARTYWITHOUTAlTORNEY)
*If dismissal requested is of specified parties only of specified causes of action
only, or of specified cross-complaints only, so state and identify the parties,
causes of action, or cross-{;Omplaints to be dismissed.
[8J Plaintiff/Petitioner 0 DefendanVRespondent
0 Cross-Complainant
TO THE CLERK: Consent to the above dismissal is hereby given.**
Date:
(TYPE OR PRINT NAME OF 0 AlTORNEY 0 PARTY WITHOUT AlTORNEY)
** If a cross-complaint - or Response (Family Law) seeking affirmative
relief- is on file, the attorney for cross-complainant (respondent) must
sign this consent if required by Code of Civil Procedure section 581 (i)
(SIGNATURE)
or Q).
0 Plaintiff/Petitioner 0 DefendanVRespondent
0 Cross-Complainant
(To be completed by clerk)
4. 0 Dismissal entered as requested on {date) :
5 0 Dismissal entered on (date): as to only (name):
6. 0 Dismissal not entered as requested for the following reasons (specify):
7. a. 0 Attorney or party without attorney notified on (date):
b. 0 Attorney or party without attorney not notified. Filing party failed to provide
0 a copy to be conformed 0 means to return conformed copy
Date: Clerk, by --------------------' Deputy
Form Adopted for Mandatory Usa
Judicial Council of California
CIV110 [Rev. Jan. 1, 2013]
Pa e 1 of 2
Code of Civil Procedure, 581 et seq.:
GoY. Code, 68637(c); Cal . Rules of Court, rule 3.1390
www.oourts.ca.gov
Page 9
PLAINTIFF/PETITIONER: MCINCHAK CASE NUMBER:
M128062
COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS
If a party whose court fees and costs were initially waived has recovered or will recover $10,000 or
more in value by way of settlement. compromise, arbitration award, mediation settlement, or other
means, the court has a statutory lien on that recovery. The court may refuse to dismiss the case until
the lien is satisfied. (Gov. Code, 68637.}
Declaration Concerning Waived Court Fees
1. The court waived court fees and costs in this action for (name):
2. The person named in item 1 is (check one below):
a. D not recovering anything of value by this action.
b. D recovering less than $10,000 in value by this action.
c. D recovering $10,000 or more in value by this action. (If item 2c is checked, item 3 must be completed.)
3. D All court fees and court costs that were waived in this action have been paid to the court (check one): D Yes
I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.
Date: -----------
(TYPE OR PRINT NAME OF D ATIORNEY D PARTY MAKING DECLARATION)
(SIGNATURE)
CIV-110[Rev. January 1, 20131 REQUEST FOR DISMISSAL
CIV-110
0No
Page2 of2
Ameriun Lega!Net, Inc. PJ. _
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STRADLING YOCCA
CARLSON & RAUTH
LAWYERS
NEWPORT BEACH

[PROPOSED] ORDER REMANDING ACTION PER STIPULATION (5:14-cv-03084 (RMW), (HRL).)
DOCSOC/1676259v1/102910-0006

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE
STEVEN MCINCHAK
Petitioner/Plaintiff,
v.
CITY OF CARMEL-BY-THE-SEA,
JASON STILWELL, CITY
ADMINISTRATOR OF THE CITY OF
CARMEL-BY-THE-SEA, SUSAN
PAUL, ADMINISTRATIVE
SERVICES DIRECTOR OF THE
CITY OF CARMEL-BY-THE-SEA;
and DOES 1 through 50, inclusive,
Defendants.

CASE NO. 5:14-cv-03084 (RMW),
(HRL)

[PROPOSED] ORDER
REMANDING ACTION TO STATE
COURT PER STIPULATION

Action Filed: June 4, 2014
Trial Date: Not Set

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STRADLING YOCCA
CARLSON & RAUTH
LAWYERS
NEWPORT BEACH

[PROPOSED] ORDER REMANDING ACTION PER STIPULATION (5:14-cv-03084 (RMW), (HRL).)
DOCSOC/1676259v1/102910-0006
The STIPULATION RE REMAND OF CASE, DISMISSAL OF
DEFENDANTS JASON STILWELL AND SUSAN PAUL AND
WITHDRAWAL OF ANTI-SLAPP MOTION (Stipulation), filed concurrently
herewith, having been jointly executed by and among Plaintiff Steven McInchak
on the one hand, and Defendants Jason Stilwell, Susan Paul and the City of
Carmel-by-the Sea on the other, and good cause appearing therefor,

IT IS HEREBY ORDERED THAT:

1. The Stipulation be entered.
2. Pursuant to the Stipulation, the above-captioned action is hereby remanded
to the Superior Court of California, Monterey County. The federal court
clerk is ordered to send a certified copy of this order of remand to the clerk
of the Superior Court of California, Monterey County.

IT IS SO ORDERED.

DATED: ______________
________________________________

JUDGE OF THE UNITED STATES
DISTRICT COURT NORTHERN
DISTRICT OF CALIFORNIA


STRADLING YOCCA
CARLSON & RAUTH
LAWYERS
NEWPORT BEACH

PROOF OF SERVICE
DOCSOC/1676259v1/102910-0006
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CERTIFICATE OF SERVICE
I certify that on August 15, 2014 the foregoing document was served on all
parties or their counsel of record through the CM/ECF system if they are registered
users or, if they are not, I hereby certify that a true and correct copy was served in
the manner set forth below:

BY EMAIL: by transmitting via electronic mail the document(s) listed
above to the email address(es) set forth below.
BY FACSIMILE: by transmitting via facsimile the document(s) listed
above to the facsimile number(s) set forth below. I certify that said
transmission was completed without error and that a report was generated by
facsimile machine (949) 725-4100 which confirms said transmission.
BY OVERNIGHT DELIVERY: by placing the document(s) listed above
in a sealed envelope with postage thereon fully prepaid, and delivering via
overnight courier and addressed as set forth below, respectively.
BY MAIL: by placing the document(s) listed above in a sealed envelope
with postage thereon fully prepaid, in the United States Mail in Newport
Beach, California, addressed as set forth below.
BY PERSONAL DELIVERY: by causing personal delivery by
Nationwide Legal, Inc. of the document(s) listed above to the person(s) at
the address(es) set forth below
SEE ATTACHED SERVICE LIST
I am readily familiar with the firms practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with the
U.S. Postal Service on that same day with postage thereon fully prepaid in the
ordinary course of business. I am aware that on motion of the party served, service
is presumed invalid if postal cancellation date or postage meter date is more than
one day after the date of deposit for mailing in affidavit.
I declare under penalty of perjury under the laws of the United States and the
State of California that the above is true and correct.
Executed on August 15, 2014, at Newport Beach, California.

/s/ Alicia C. Elam
Alicia C. Elam

STRADLING YOCCA
CARLSON & RAUTH
LAWYERS
NEWPORT BEACH

PROOF OF SERVICE
DOCSOC/1676259v1/102910-0006
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SERVICE LIST
Steven McI nchak v. City of Carmel-by-the-Sea, et al.
Monterey County Superior Court Case No. M128062

Michelle A. Welsh
Stoner, Welsh & Schmidt
413 Forest Avenue
Telephone: (831) 373-1993
Facsimile: (831) 373-1492

Attorney for Plaintiff/Petitioner
STEVEN MCINCHAK


Stipulation Re Remand of Case Dismissal of Defendants Stilwell and Paul and Withdrawal of Anti-Slapp Motion PDF

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Stipulation Re Remand of Case Dismissal of Defendants Stilwell and Paul and Withdrawal of Anti-Slapp Motion PDF

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