Mendez Garcia v. City of Madera et al

Filing 25

Joint Stipulation Re: Filing of Amended Complaint signed by Magistrate Judge Michael J. Seng on 08/11/2014. (Yu, L)

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Lazaro Salazar, SBN # 234183
252 N. Fulton Street
Fresno, California 93701
559-498-0828
[e-mail]

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Attorney for Plaintiff Victoriano Mendez-Garcia
Gregory L. Myers, # 95743
Law Offices of Gregory L. Myers
1500 W. Shaw Avenue, suite 204
Fresno, California 93711
[e-mail]

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Attorney for Defendants, City of Madera and
Officer Josh Chavez

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UNITED STATES DISTRICT FOR

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THE EASTERN DISTRICT OF CALOIFORNIA

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VICTORIANO MENDEZ-GARCIA,

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Case No.: 1:13-CV-01793 JLO-MJS

Plaintiff,

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JOINT STIPULATION RE: FILLING OF
AMENDED COMPLAINT

vs.
CITY OF MADERA, CITY OF MADERA
POLICE DEPARTMENT, MADERA POLICE
OFFICER JOSH CHAVEZ (BADGE NO.
3509), DHS US AGENCY,
Defendant

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Pursuant to this Court’s order, the parties have met and conferred regarding the filling of

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Plaintiff’s First Amended Complaint and determine whether, and on what terms, the parties

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would stipulate regarding the filling of the First Amended Complaint.

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JOINT STIPULATION RE: FILLING OF AMENDED COMPLAINT - 1

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Plaintiff Victoriano Mendez-Gracia (hereinagfter “Plaintiff”) is represented by Lazaro

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Salazar of Salazar & Cook, LLP and Defendant City of Madera and Josh Chavez (hereinafter

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“Madera Defendants”) are represented by Gregory L. Myers of The Law Offices of Gregory L.

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Myers.
The parties have met and conferred, stipulate and agree with respect to the following:

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1. Plaintiff and Madera Defendants stipulate and agree that said Defendants Answer to the

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First Amended Complaint filed by Plaintiff on July 1, 2014; no additional Answer need

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be filed in response to Plaintiff’s First Amended Complaint. It is further stipulated that

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said Defendants have by way of their Answer to the First Amended Complaint preserved
the right to jury trial.
2. Plaintiff and Madera Defendants stipulate and agree that this Court may issue an Order
that a new Scheduling Conference date shall be set, and a determination made whether

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Federal defendants agree to the Magistrate serving as the judge for all purpose, including
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trial.
Dated this 8 of August, 2014.

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/s/ Lazaro Salazar
Lazaro Salzar, Esq.
Attorney for Plaintiff, Victoriano Mendez
Garcia

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/s/ Gregory L. Myers
Gregory L. Myers, Esq.
Attorney for Defendant, City of Madera &
Josh Chavez

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JOINT STIPULATION RE: FILLING OF AMENDED COMPLAINT - 2

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ORDER

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Good cause appearing, the parties” Stipulation, in Case No. 1:13-CV-01793-MJS,

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above, is accepted and adopted and made the Order of this Court as set forth below:

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1.

Plaintiff’s First Amended Complaint. (ECF No. 17) is deemed to have been filed

with the consent of Defendants City of Madera and Officer Josh Chavez, and the Court;

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2.

The Answer and Affirmative Defenses of Defendants, City of Madera and Officer

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Josh Chavez (ECF No. 7, as amended by ECF Nos. 15 and 16) shall serve as said
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Defendants’ Answer and Affirmative Defenses to Plaintiff’s First Amended Complaint;

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3.

All rights of the above parties to trial by jury have been preserved; and,

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The Court will address consent and scheduling issues as they arise with the

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appearance of additional parties.

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IT IS SO ORDERED.

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Dated:

/s/

August 11, 2014

Michael J. Seng
UNITED STATES MAGISTRATE JUDGE

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JOINT STIPULATION RE: FILLING OF AMENDED COMPLAINT - 3

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JOINT STIPULATION RE: FILLING OF AMENDED COMPLAINT - 4