Salcido v. Madera County et al

Filing 48

STIPULATION and ORDER to Amend Plaintiff's Complaint, signed by Chief Judge Anthony W. Ishii on 5/7/2012. (Kusamura, W)

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DENNIS M. COTA, Bar No. 127992
CAROLYN J. FRANK, Bar No. 245479
JONATHAN E. MILLER, Bar No. 266507
COTA COLE LLP
2261 Lava Ridge Court
Roseville, CA 95661
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendants
COUNTY OF MADERA,
DEPUTY JEFFERY THOMAS,
SERGEANT PATRICK MAJESKI, and
SHERIFF JOHN ANDERSON

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEANINE SALCIDO, guardian ad litem for
J.S., a minor,
Plaintiff,

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Case No. 1:10-cv-00195-AWI-DLB

STIPULATION AND ORDER TO
AMEND PLAINTIFF’S COMPLAINT

v.
THE COUNTY OF MADERA, DEPUTY
JEFFERY THOMAS #10321; SARGEANT
PATRICK MAJESKI #8484; SHERIFF
JOHN ANDERSON; AND DOES 1–10,
inclusive,
Defendants.

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{CF/00019960.}

STIPULATION AND ORDER
Case No. 1:10-cv-00195-AWI-DLB

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Plaintiff J.S., by and through his guardian ad litem Jeanine Salcido, (“Plaintiff”) and

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Defendants County of Madera, Jeffery Thomas, Patrick Majeski and Sheriff John Anderson

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(collectively “Defendants”) stipulate as follows:

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RECITALS

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A.

On February 15, 2012, Defendants sent Plaintiff a Request for Production of

Documents, and each Defendant sent Plaintiff Special Interrogatories. On March 23, Plaintiff

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responded to all discovery requests. The parties engaged in meet and confer efforts over the

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responses provided and on April 3 Plaintiff provided amended responses. The parties again

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COTA COLE LLP
2261 LAVA RIDGE COURT
ROSEVILLE, CALIFORNIA 95661

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engaged in meet and confer efforts over the amended responses. A discovery dispute still exists

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between the parties.

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B.

Rather than provided amended answers to the discovery requests at issue, Plaintiff

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has agreed to amend his complaint to drop his Third and Fourth Causes of Action. Plaintiff

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further warrants that all information has been provided in his amended answers to Defendants’

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discovery requests at issue.

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C.

The current operative Complaint is Plaintiff’s Second Amended Complaint for

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Damages. This is document 33 on the Court’s docket.

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Therefore, the Plaintiff and Defendants stipulate as follows:

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STIPULATION

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1.

Defendant County of Madera is dismissed from the above-captioned action with

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prejudice.
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2.

Defendant Sheriff John Anderson is dismissed with prejudice from the above-

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captioned action in both his individual and official capacity.
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3.

Paragraphs 5, 8, 9, 10, 14, 15, 24, 27, 32, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50,

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and 51 are stricken from the operative Complaint. In addition, paragraphs A and B are stricken
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from the operative Complaint. The Third Cause of Action is dismissed with prejudice in its
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{CF/00019960.}

STIPULATION AND ORDER
Case No. 1:10-cv-00195-AWI-DLB

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entirety. The Fourth Cause of Action is dismissed with prejudice in its entirety. Therefore, the

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only remaining causes of action are Plaintiff’s First and Second Causes of Action.

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4.

The parties have further agreed that certain sentences and phrases from other

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paragraphs must be stricken as well. Attached hereto as Exhibit A is a copy of a properly

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redacted Complaint.

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Complaint from the date of signing of this stipulation and that all redacted portions have been

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dismissed with prejudice.

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5.

All parties agree that Exhibit A to this Stipulation is the operative

All discovery responses provided to requests by either the County of Madera or

Sheriff John Anderson may be used by the remaining defendants in this action.

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6.

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John Anderson.

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7.

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Plaintiff withdraws all discovery requests sent to the County of Madera and Sheriff

This Stipulation may be signed in counterparts and facsimile or electronic

signatures shall be treated as original signatures.

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IT IS SO STIPULATED.

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Dated: April 30, 2012

COTA COLE LLP

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By: /s/ Carolyn J. Frank
Dennis M. Cota
Carolyn J. Frank
Jonathan E. Miller
Attorneys for Defendants
COUNTY OF MADERA,
DEPUTY JEFFERY THOMAS,
SERGEANT PATRICK MAJESKI, and
SHERIFF JOHN ANDERSON

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//
//
//

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{CF/00019960.}

-2STIPULATION AND ORDER
Case No. 1:10-cv-00195-AWI-DLB

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Dated: April 30, 2012

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By: /s/ Bruce W. Nickerson
K. Mark Mekhitarian
Bruce W. Nickerson
Attorneys for Plaintiff
J.S.

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ORDER
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IT IS SO ORDERED.

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Dated: May 7, 2012

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CHIEF UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

0m8i788

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{CF/00019960.}

-3STIPULATION AND ORDER
Case No. 1:10-cv-00195-AWI-DLB