Hall et al v. Mims et al

Filing 56

STIPULATION and ORDER signed by District Judge Lawrence J. O'Neill on 11/16/12. The County of Fresno is substituted in place of Margaret Mims, Edward Moreno, George Laird, Pratap Narayen, Rick Hill, and Marilynn Weldon in this action. Plaintiffs Sharon Chavez and Carlton Fields are dismissed without prejudice. (Verduzco, M)

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DONALD SPECTER (SBN 83925)
KELLY KNAPP (SBN 252013)
PRISON LAW OFFICE
1917 Fifth Street
Berkeley, CA 94710
Telephone: [phone]
Fax: [phone]
MAUREEN P. ALGER (SBN 208522)
MONIQUE R. SHERMAN (SBN 227494)
COOLEY LLP
Five Palo Alto Square
3000 El Camino Real
Palo Alto, CA 94306-2155
Telephone: [phone]

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ATTORNEYS FOR PLAINTIFFS
[ADDITIONAL COUNSEL LISTED ON NEXT PAGE]

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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QUENTIN HALL, SHAWN GONZALES,
SHARON CHAVEZ, ROBERT MERRYMAN,
DAWN SINGH, CARLTON FIELDS, and
BRIAN MURPHY, on behalf of themselves and
all others similarly situated,

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Plaintiffs,
v.
MARGARET MIMS, Sheriff, Fresno County;
EDWARD MORENO, M.D., Director, Fresno
County Department of Public Health; GEORGE
LAIRD, Ph.D., Division Manager, Division of
Correctional Health, Fresno County Department of
Public Health; PRATAP NARAYEN, M.D.,
Medical Director, Division of Correctional Health,
Fresno County Department of Public Health;
RICK HILL, Captain of Detention, Fresno County
Sheriff’s Office; MARILYNN WELDON, Captain
of Inmate Programs and Contracts, Fresno County
Sheriff’s Office,
Defendants.

Case No. 1:11-CV-02047-LJO-BAM
CLASS ACTION
STIPULATION AND ORDER TO
DISMISS DEFENDANTS
MARGARET MIMS, SHERIFF, FRESNO
COUNTY; EDWARD MORENO, M.D.,
DIRECTOR, FRESNO COUNTY
DEPARTMENT OF PUBLIC HEALTH;
GEORGE LAIRD, PH.D., DIVISION
MANAGER, DIVISION OF
CORRECTIONAL HEALTH, FRESNO
COUNTY DEPARTMENT OF PUBLIC
HEALTH; PRATAP NARAYEN, M.D.,
MEDICAL DIRECTOR, DIVISION OF
CORRECTIONAL HEALTH, FRESNO
COUNTY DEPARTMENT OF PUBLIC
HEALTH; RICK HILL, CAPTAIN OF
DETENTION, FRESNO COUNTY
SHERIFF’S OFFICE; MARILYNN
WELDON, CAPTAIN OF INMATE
PROGRAMS AND CONTRACTS AND
SUBSTITUTE THE COUNTY OF
FRESNO AS DEFENDANT AND
DISMISS WITHOUT PREJUDICE
SHARON CHAVEZ AND CARLTON
FIELDS AS NAMED PLAINTIFFS

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STIPULATION AND [PROPOSED] ORDER

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MARY KATHRYN KELLEY (SBN 170259)
SHANNON SORRELLS (SBN 278492)
COOLEY LLP
4401 Eastgate Mall
San Diego, CA 92121-1909
Telephone: [phone]
MELINDA BIRD (SBN 102236)
MONISHA COELHO (SBN 219233)
AGNES WILLIAMS (SBN 143532)
DISABILITY RIGHTS CALIFORNIA
350 South Bixel Street, Suite 209
Los Angeles, CA 90017
Telephone: [phone]
Fax: [phone]

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[ADDITIONAL COUNSEL LISTED ON
CAPTION PAGE]

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STIPULATION AND [PROPOSED] ORDER

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IT IS STIPULATED BY THE PARTIES, BY AND THROUGH THEIR RESPECTIVE COUNSEL, AND
ORDERED BY THE COURT AS FOLLOWS:

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A. The Parties Stipulate to Substitute the County of Fresno as Defendant.

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Plaintiffs filed this action against Margaret Mims, Edward Moreno, George Laird, Pratap

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Narayen, Rick Hill, and Marilynn Weldon, employees of the County of Fresno, in their official

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capacities on December 13, 2011.

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The County of Fresno is the proper party in this action and should be substituted for the
named defendants in this matter. Accordingly, the named defendants should be dismissed

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without prejudice and the County of Fresno should be substituted as the Defendant. See Kentucky

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v. Graham, 473 U.S. 159, 165-166 (1985); Luke v. Abbott, 954 F.Supp. 202, 203 (C.D. Cal. 1997)

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(“If only the official-capacity officer is named, it would be proper for the Court upon request to

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dismiss the officer and substitute instead the local government entity as the correct defendant.”)

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B. The Parties Stipulate to Dismiss Carlton Fields and Sharon Chavez as Named
Plaintiffs.
Plaintiffs in this action are Quentin Hall, Shawn Gonzales, Sharon Chavez, Robert
Merryman, Dawn Singh, Carlton Fields, and Brian Murphy. Plaintiffs and Defendants stipulate
to dismiss without prejudice Sharon Chavez and Carlton Fields as named plaintiffs in this action.
No parties shall be entitled to costs as a result of this dismissal.

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IT IS SO STIPULATED.

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Dated: November 15, 2012

PRISON LAW OFFICE

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By:

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/s/ Donald Specter
Donald Specter
Kelly Knapp
Attorneys for Plaitniffs

[SIGNATURES CONTINUED ON THE NEXT PAGE]
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STIPULATION AND [PROPOSED] ORDER

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Dated: November 15, 2012

COOLEY LLP

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By:

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Dated: November 15, 2012

/s/ Maureen Alger
Maureen P. Alger
Mary Kathryn Kelley
Attorneys for Plaintiffs
DISABILITY RIGHTS CALIFORNIA

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By:

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/s/ Melinda Bird
Melinda Bird
Monisha Coelho
Attorneys for Plaintiffs

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Dated: November 15, 2012

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

/s/ Adam Stirrup
By: (as authorized on November 15, 2012)
Michael G. Woods
Adam B. Stirrup
Attorneys for Defendants

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STIPULATION AND [PROPOSED] ORDER
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[PROPOSED]ORDER

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Good cause shown, it is hereby ORDERED:

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1. The County of Fresno is substituted in place of Margaret Mims, Edward Moreno,

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George Laird, Pratap Narayen, Rick Hill, and Marilynn Weldon in this action.

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2. Margarent Mims, Edward Moreno, George Laird, Pratap Narayen, Rick Hill, and
Marilynn Weldon are dismissed without prejudice as named defendants.

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3. Sharon Chavez and Carlton Fields are dismissed without prejudice as named plaintiffs.
No parties shall be entitled to costs as a result of this dismissal.

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4. The case caption in this action will hereby reflect the substitution of the County of
Fresno and the dismissal of Sharon Chavez and Carlton Fields.

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IT IS SO ORDERED.

November 16, 2012

Dated:

/s/ Lawrence J. O’Neill
UNITED STATES DISTRICT JUDGE

DEAC_Sig nature-END:

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STIPULATION AND [PROPOSED] ORDER
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