1 Mary-Alice Coleman (SBN: 98365) Dianne Schaumburg (SBN: 260704)

2 LAW OFFICES OF MARY-ALICE COLEMAN, P.C.

3 1109 Kennedy Place, Suite 2 Davis, California 95616

4 Telephone: 916.498.9131

5 Facsimile: 916.304.0880

6 Attorneys for Plaintiff,

7 ANDI BARONE

8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

10

l1 ANDI BARONE,

Plaintiff,

v.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LASSEN; CALIFORNIA JUDICIAL COUNCIL; CALIFORNIA

17 ADMINISTRATIVE OFFICE OF THE COURTS; TONY R. MALLERY; and DOES

18 1-10, INCLUSIVE,

19

20

21

22

Defendants.

Case No.: 2:16-CV-02114-SB

PLAINTIFF'S NOTICE OF ACCEPTANCE OF RULE 68 OFFER OF JUDGMENT

Complaint Filed: September 2, 2016 Trial Date: None Set

23 TO DEFENDANTS AND THEIR RESPECTIVE COUNSEL OF RECORD:

24 PLEASE TAKE NOTICE that Plaintiff ANDI BARONE accepts the offer of judgment

25 served on her by D efendant SUPERIOR COURT OF CALIFORNIA, COUNTY OF LASSEN

26 on December 23, 2016, to allow a judgment to be entered in favor of Plaintiff and against

27 Defendant SUPERIOR COURT in the sum of $100,001, plus all costs of suit incurred to the

- 1 -

PLAINTIFF'S NOTICE OF ACCEPTANCE OF RULE 68 OFFER OF JUDGMENT

Barone v. Superior Court of California, County of Lassen, et al. Case No.: 2:16-CV-02114-SB

Case 2:16-cv-02114-SB Document 9 Filed 12/30/16 Page 1 of 7

u i:i.;

~- N

~ ~ '° ....i ......

0 '° U en Lt')

e w' i - u ....i j 1 11.. 0 >< >< ~ ~ [il < ~ z u I"< z ~ 0 w fl)~< e~o -...... ~ ...... 0

~ ,..J

1 date of said defendant's offer, including reasonable attorney fees and expert fees where

2 recoverable as costs under statute, but excluding any attorney fees or costs of suit incurred

3 thereafter, and without injunctive or other equitable relief, in full satisfaction of all federal

4 and state claims in this action against all Defendants. A true and correct copy of Defendant

5 SUPERIOR COURT' s Rule 68 Offer of Judgment is attached hereto as Exhibit "A."

6 Date: December 30, 2016

7

8

9 ~LICE COLEMAN, ESQ.

SCHAUMBURG, ESQ. 10 Att neys for Plaintiff,

11 ANDI BARONE

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

- 2 -

PLAINTIFF'S NOTICE OF ACCEPTANCE OF RULE 68 OFFER OF JUDGMENT

Barone v. Superior Court of California, County of Lassen, et al. Case No.: 2:16-CV-02114-SB

Case 2:16-cv-02114-SB Document 9 Filed 12/30/16 Page 2 of 7

u p.;

~' ~ \0

,..J t::. rl 0 ::> \0 u U) lO

~ w i u u ::l :3 1 p... 0

~ ~ ~ ~ c5 ... ~ u)' 0 }2 ;; "' °' < tl ~ 0 el rl

0

j

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26 EXHIBIT A

2711~~~~~~~~~~~~~~~~~,

Case 2:16-cv-02114-SB Document 9 Filed 12/30/16 Page 3 of 7

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

CAROLEE G. KILDUFF, ESQ., SB No. 107232 Email: ckilduff@akk-law.com

ANGELO, KILDAY & KILDUFF, LLP Attorneys at Law · 601 University Avenue, Suite 150 Sacramento, CA 95825 Telephone: (916) 564-6100 Telecopier: (916) 564-6263

Attorneys for Defendant SUPERIOR COURT OF CALIFORNIA, COUNTY OF LASSEN

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ANDI BARONE,

Plaintiff,

vs.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LASSEN; CALIFORNIA JUDICIAL COUNCIL; CALIFORNIA ADMINISTRATIVE OFFICE OF THE COURTS; TONY R. MALLERY; and DOES 1-10, inclusive,

Defendants.

) Case No. : 2:16-cv-02114-SB ) ) ) DEFENDANT SUPERIOR COURT OF ) CALIFORNIA, COUNTY OF LASSEN'S ) RULE 68 OFFER OF JUDGMENT ) ) ) ) ) ) ) )

~~~~~~~~~~~~~~)

21 TO THE PLAINTIFF AND HER COUNSEL OF RECORD:

22 Defendant Superior Court of California, County of Lassen [and Defendant Tony R.

23 Mallery] hereby offer to allow entry of judgment pursuant to Rule 68 of the Federal Rules of

24 Civil Procedure as follows: Judgment in favor of Plaintiff Andi Barone against Superior Court

2S in the sum of $100,001, plus all costs of suit incurred to the date of this offer including

26 reasonable attorney fees and expert fees where recoverable as costs wider statute, but excluding

27 any attorney fees or costs of suit incurred thereafter, and without injunctive or other equitable

28 relief. This offer of judgment is made for the purposes specified in Rule 68, and is not to be

-1-DEFENDANT SUPERIOR COURT OF CALIFORNIA, COUNTY OF LASSEN'S RULE 68

OFFER OF JUDGMENT

Case 2:16-cv-02114-SB Document 9 Filed 12/30/16 Page 4 of 7

construed as an admission of liability.

2 This judgment shall be in full satisfaction of all federal and state law claims or rights that

3 Plaintiff may have to damages •. or any other form of relief, arisjng out .of the fi}leged acts or

4 omissions of Superior Court of California, County of Lassen and Defendant Tony R. Mallery in

5 connection with the alleged facts, and GirG.umstancses that are the subject of this action.

6 Acceptance. of the offer will act to release and discharge both.. defendants the Superior Court of

7 California, County Of Lassen. and Tony R. Mallery from any and all claims that were or could

8 have been aileged by Plaintiff in the above-referenced action.

9 The amount of costs and fees shall be agreed upon by the parties within 30 days of the

1 O acceptance of this offer or, if the parties do not timely agree on the amount, will be determined

11 by the. district court upon a motion to be tiled by Plaintiff no later than 60 days from the date of

12 acceptance of this offer.

13

14

15

16

17

1.8

19

20

Dated: December23, 2016

Attorneys for Def enda:nt SUPERIOR COURT OF CALIFORNIA, COUNTY OF LASSEN

21 Dated: December 23, 2016 OFFICE OF THE ATTORNEY GENERAL

z2 23

24

25

26

27 28

-2-DEFENDANT SUPERIOR COURT OF CALIFORNIA, COUNTY OF LASSEN'S RULE 68

OFFER OF JUDGMENT

Case 2:16-cv-02114-SB Document 9 Filed 12/30/16 Page 5 of 7

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16 .

17

18

19

20

21

22

23

24

25

26

27

28

COURT: CASE NO. CASE NAME:

USDC-ED 2:16-cv-02114-TLN-CMK . Barone v .. Superior Court of California, et al.

PROOF OF SERVICE

I am a citizen of the United States, employed in the County of Sacramento, State of California. My business address is 601 University Avenue, Suite 150, Sacramento, California 95825. I am over the age of 18 years and not a party to the above-entitled action.

On December 23, 2016, I caused the within DEFENDANT SUPERIOR COURT OF CALIFORNIA, COUNTY OF LASSEN'S RULE 68 OFFER OF JUDGMENT, the original of which was produced on recycled paper, to be served via

MAIL---I am readily familiar with Angelo, Kilday & Kilduffs practice for collection and

processing of correspondence for mailing with the United States Postal Service. Pursuant to said practice, each document is placed in an envelope, the envelope is sealed, the appropriate postage is placed thereon and the sealed envelope is placed in the office mail receptacle. Each day's mail is collected and deposited in a U.S. mailbox at or before the close of each day's business. (Code Civ. Proc. section 1013a(3)) or Fed.R.Civ.P. 5(a) and 4.1; USDC (E.D. CA) L.R. 5-135(a).)

I placed in the United States Mail at Sacramento, California in an envelope with postage thereon fully prepaid addressed as follows:

Mary-Alice Coleman Dianne Schaumburg Law Offices of Mary-Alice Coleman 1109 Kennedy Place, Suite 2 Davis, CA 95616

I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made. I declare under penalty of perjury under the laws of the United States of America that the above is true and correct.

Executed on December 23, 2016 at Sacramento, California.

-3-DEFENDANT SUPEIUOR COURT OF CALIFORNIA, COUNTY OF LASSEN'S RULE 68

OFFER OF JUDGMENT

Case 2:16-cv-02114-SB Document 9 Filed 12/30/16 Page 6 of 7

1

2

3

4

5

6

7

8

9

10

u 11 p.; z' ~ N 12 ~ ~ '° ,..J .....

0 '° u (./') II) 13 ~ ' °' u ~ < - u ~ ,..J :s 14 ~ p... 0 ,.... >-< !!:I ,,.; Cl ,..J

< ~ < 15 ~ z u ... ~ ~ 0 ~ >

16 <I) °' < ~oo 8 ..... tt: ..... 0 17 ~ < ....i

18

19

20

21

22

23

24

25

26

27

Barone v. California Superior Court, County of Lassen, et al. United States District Court, Eastern District of California Case No.: 2:16-CV-02114-SB

CERTIFICATE OF SERVICE MAIL

I, the undersigned declare that I am employed in the County of Yolo, State of California. I am over the age of eighteen (18) years and not a party to the within action; my business address is: 1109 Kennedy Place, Suite 2, Davis, CA 95616.

On December 30, 2016, I served the within:

PLAINTIFF'S NOTICE OF ACCEPTANCE OF RULE 68 OFFER OF JUDGMENT

By placing a true copy thereof enclosed in a sealed envelope with prepaid postage thereon fully prepaid for deposit in the United States Post Office mail box, at my business address shown above, following the Law Offices of Mary­Alice Coleman, P.C.' s ordinary business practices for the collection and processing of correspondence for mailing, of which I am readily familiar, to the individuals and addresses as set forth below.

M.s. Carolee G. Kilduff, Esq. ANGELO, KILDAY & KILDUFF, LLP 601 University Avenue, Suite 150 Sacramento, CA 95825 ·

Mr. Peter D. Halloran, Esq. CA DEPARTMENT OF JUSTICE 1300 I Street, Suite 125 Sacramento, CA 95814

Attorney for Defendant, SUPERIOR COURT OF CALIFORNIA, COUNTY OF LASSEN

Attorney for Defendant, TONY R. MALLERY

I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on December 30, 2016, in Davis, California. ·

2t:if#ir Paralegal

- 1 -

PROOF OF SERVICE

Case 2:16-cv-02114-SB Document 9 Filed 12/30/16 Page 7 of 7