[GSA] Latoya McKenzie, et al. vs. Kern County, et al.

Filing 32

ORDER granting stipulation of the parties regarding the filing of an amended complaint and a responsive pleading. signed by Chief Judge Anthony W. Ishii on 10/28/09. (Nazaroff, H)

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OFFICE OF COUNTY COUNSEL COUNTY OF KERN, STATE OF CALIFORNIA By Andrew C. Thomson, Deputy (Bar # 149057) County Administrative Center 1115 Truxtun Avenue, Fourth Floor Bakersfield, California 93301 Telephone: [phone] Facsimile: [phone] Attorney for Defendants, County of Kern, Kern County Sheriff's Office, Otis Whinery, Douglas Jauch, Edward Tucker and Patrick Neal UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA LATOYA MCKENZIE, and individual; BRENDA MCKENZIE, and individual; CHASTITY MCKENZIE, an individual by and through her Guardian Ad Litem Latoya McKenzie; RORY MCKENZIE, JR., an individual by and through his Guardian Ad Litem Latoya McKenzie; ZILAH PEEPLES an individual by and through her Guardian Ad Litem Latoya McKenzie; AMAYA MCKENZIE an individual by and through her Guardian Ad Litem Brittney Shelby; ZIKIRAH HARRIS and individual by and through her Guardian Ad Litem Denise Harris; JAMARRI JOINER and individual by and through his Guardian Ad Litem Monica Joiner; Plaintiffs, v. KERN COUNTY; KERN COUNTY SHERIFF'S DEPARTMENT; OTIS WHINERY; DOUGLAS JAUCH; EDWARD TUCKER; PATRICK NEAL; AND DOES 1-200 INCLUSIVE, Defendants. /// Case No. 1:09-CV-01658-AWI-BAK GSA STIPULATION OF THE PARTIES REGARDING THE FILING OF AN AMENDED COMPLAINT AND A RESPONSIVE PLEADING

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S t ip u la t io n of the Parties Regarding the Filing of an Amended Complaint and Responsive Pleading

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COME NOW, the Parties herein, by and through their respective counsel of record, Tyler R. Dowdall, Esq., SAYRE & LEVITT, for Plaintiffs LaToya McKenzie, Brenda McKenzie, Chastity McKenzie, Rory McKenzie, Jr., Zilah Peeples, Amiya McKenzie, Zikirah Harris and Jamarri Joiner (hereinafter collectively "Plaintiffs"), and Andrew C. Thomson, Deputy, Office of Kern County Counsel, for Defendants County of Kern, Kern County Sheriff's Office erroneously sued herein as the Kern County Sheriff's Department, Otis W hinery, Douglas Jauch, Edward Tucker and Patrick Neal (hereinafter collectively "Defendants") and, with the authority of their respective clients, stipulate as follows: IT IS HEREBY STIPULATED, that the above-captioned, as follows: The parties have repeatedly met and conferred regarding various issues including

but not limited to the Complaint, preterrmitted heirs, wrongful death causes of action, and statutory requirements for the determination of heirs with standing; 2. As represented by Plaintiffs' counsel, his schedule is severely restricted as a result

of trial commitments; 3. The parties agree that Plaintiffs will file a First Amended Complaint on or before

December 1, 2009; 4. The parties agree that Defendants need not file a Responsive Pleading to the

present Complaint; and, \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\

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S t ip u la t io n of the Parties Regarding the Filing of an Amended Complaint and Responsive Pleading

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5.

The parties agree that Defendants will file a Responsive Pleading to the First

Amended Complaint within the statutorily allowed period of time. Dated: October 22, 2009 SAYRE & LEVITT

By / s / Tyler R. Dowdall Tyler R. Dowdall, Esq. Attorneys for Plaintiffs LaToya McKenzie, Brenda McKenzie, Chastity McKenzie, Rory McKenzie, Jr., Zilah Peeples, Amiya McKenzie, Zikirah Harris and Jamarri Joiner

Dated: October 22, 2009 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: 0m8i78 October 28, 2009

OFFICE OF COUNTY COUNSEL

By / s / Andrew C. Thomson Andrew C. Thomson, Deputy Attorneys for Defendants County of Kern, Kern County Sheriff's Office, Otis Whinery, Douglas Jauch, Edward Tucker and Patrick Neal

ORDER The parties having stipulated thereto and good cause appearing therefor,

/s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE

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S t ip u la t io n of the Parties Regarding the Filing of an Amended Complaint and Responsive Pleading