Hanford Executive Management Employee Association et al v. City of Hanford et al

Filing 75

STIPULATION and ORDER Regarding Substitution of John Cain as Successor in Interest to Plaintiff Cathy Cain, Deceased signed by Magistrate Judge Dennis L. Beck on 8/2/2012. (Sant Agata, S)

1
2
3
4
5
6
7

Gary M. Messing, No. 075363
James W. Henderson, Jr., No. 071170
Jason H Jasmine, No. 215757
Gonzalo C. Martinez, No. 231724
CARROLL, BURDICK & McDONOUGH LLP
Attorneys at Law
980 9th Street, Suite 380
Sacramento, CA 95814
Telephone:
916.446.5297
Facsimile:
916.448.5047
Email:
[e-mail]
[e-mail]
[e-mail]
[e-mail]

8
9
10

Attorneys for Plaintiffs
Hanford Executive Management Employee Association,
Cathy Cain, Louis Camara, George Thomas Dibble, Timothy
Ieronimo, Mary Rose Lindsay, Carlos Mestas, Scott Yeager

11

UNITED STATES DISTRICT COURT

12

EASTERN DISTRICT OF CALIFORNIA

13
14
15
16
17

HANFORD EXECUTIVE
MANAGEMENT EMPLOYEE
ASSOCIATION, CATHY CAIN,
LOUIS CAMARA, GEORGE
THOMAS DIBBLE, TIMOTHY
IERONIMO, MARY ROSE LINDSAY,
CARLOS MESTAS, SCOTT
YEAGER,

18
19
20
21
22

No. 1:11-cv-00828-AWI-DLB
STIPULATION AND ORDER REGARDING
SUBSTITUTION OF JOHN CAIN AS
SUCCESSOR IN INTEREST TO PLAINTIFF
CATHY CAIN, DECEASED

Plaintiff,
v.
CITY OF HANDFORD, HILARY
STRAUS, DAN CHIN, SUE
SORENSEN, JIM IRWIN, LOU
MARTINEZ, JOLEEN JAMESON,
Defendant.

23
24

STIPULATION

25
26
27
28

1.

Cathy Cain (the “Decedent”), one of the Plaintiffs in this action died in

Hanford, California on June 12, 2012.
2.

The Decedent was survived by her husband, John Cain.

CBM-SAC\SA098376.5
STIPULATION AND ORDER (NO. 1:11-CV-00828-AWI-DLB)

1

1
2
3
4
5

3.

Given his status as her husband, John Cain is entitled to be substituted for

the Decedent in the pending action.
4.

There is no proceeding pending in California for the administration of the

Estate of Cathy Cain.
5.

John Cain has filed a Declaration that he is the Decedent’s successor in

6

interest pursuant to California Code Civ. Proc. § 377.32. A true and correct copy of that

7

Declaration is attached hereto as Exhibit 1.

8

6.

The parties have recognized that, in the interest of judicial economy, the

9

substitution of John Cain in place of the Decedent is appropriate without the need of a

10

formal motion. Accordingly, it is hereby stipulated and agreed by the parties that the

11

Court can issue an order substituting John Cain for the Decedent in this action with

12

respect to Decedent’s interests in this litigation.

13
14

I hereby agree to the terms of the above stipulation.
Dated: August 1, 2012

CARROLL, BURDICK & MCDONOUGH LLP

15
16

By
/s/ James W. Henderson, Jr.
Attorneys for Plaintiffs Hanford Executive
Management Employee Association, Cathy Cain,
Louis Camara, George Thomas Dibble, Timothy
Ieronimo, Mary Rose Lindsay, Carlos Mestas,
Scott Yeager

17
18
19
20
21

I hereby agree to the terms of the above stipulation.
Dated: August 1, 2012

GRISWOLD, LASALLE, COBB, DOWD & GIN LLP

22
23
By
/s/ Mario U. Zamora
Attorneys For Defendants City Of Hanford, Hilary
Straus, Dan Chin, Sue Sorensen, Jim Irwin, Lou
Martinez, And Joleen Jameson

24
25
26
27
28
CBM-SAC\SA098376.5

STIPULATION AND ORDER (NO. 1:11-CV-00828-AWI-DLB)

2

1

ORDER

2

The parties having so stipulated and good cause appearing therefore, the Court

3

hereby orders that John Cain is hereby substituted as successor in interest to the interest of

4

Plaintiff Cathy Cain, deceased. John Cain shall file a Notice of Substitution. Said

5

substitution shall not change the caption of this lawsuit and Defendants shall not be

6

required to file any pleading in response to the Notice.

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CBM-SAC\SA098376.5
STIPULATION AND ORDER (NO. 1:11-CV-00828-AWI-DLB)

3

1

CERTIFICATE OF SERVICE

2

I hereby certify that on August 1, 2012, a copy of the foregoing was

3

electronically filed using the CM/ECF system, which will automatically send e-mail

4

notification of such filing to all attorneys of record who are deemed to have consented to

5

electronic service:

6

Robert M. Dowd

[e-mail]

7

Mario Unser Zamora

[e-mail]

8
9
/s/ Lacy A. Monserrat
Lacy A. Monserrat

10
11
12
13
14
15
16
17

IT IS SO ORDERED.
Dated:

/s/ Dennis

August 2, 2012

UNITED STATES MAGISTRATE JUDGE

18
DEAC_Signature-END:

19

3b142a

20
21
22
23
24
25
26
27
28
CARROLL, BURDICK &
MCDONOUGH LLP
ATTORNEYS AT LAW

SACRA M E NT O

L. Beck

CBM-SAC\SA098376.5
STIPULATION AND ORDER (NO. 1:11-CV-00828-AWI-DLB)

4