Mendez Garcia v. City of Madera et al
Filing
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Stipulation Re: Filing of Second Amended Complaint, signed by Magistrate Judge Michael J. Seng on 1/9/2015. (Yu, L)
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LAZARO SALAZAR, SBN 234183
SALAZAR & COOK, LLP
252 N. Fulton Street
Fresno, California 93701
Telephone: (559) 498-0828
Facsimile: (559) 498-0822
E-mail: Lazaro@SalazarCookLaw.com
Attorney for Plaintiff Victoriano Mendez-Garcia
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IN THE UNITED STATES DISTRICT COURT IN AND
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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Defendants
VICTORIANO MENDEZ-GARCIA
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Plaintiff
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v.
Case No.1:13-CV-01793-MJS
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CITY OF MADERA, CITY OF MADERA
POLICE DEPARTMENT, MADERA
POLICE OFFICER JOSH CHAVEZ
(BADGE NO. 3509),
THE UNITED STATES OF AMERICA,
A Sovereign Nation acting by and through
Its Agency, The Department of Homeland
Security.
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STIPULATION RE FILING OF SECOND
AMENDED COMPLAINT
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TO THE HONORABLE COURT:
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IT IS HEREBY STIPULATED BY AND AMONG THE PARTIES TO THIS ACTION by and
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through their attorneys of record herein as follows:
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1.
Plaintiff filed a First Amended Complaint in this action, naming an agency of the United States
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STIPULAITON RE FILING OF SECOND AMENDED COMPLAINT
government as one of the defendants in this action;
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2.
The Department of Homeland Security (herein “DHS”), one of the defendants named herein, has
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moved for an order dismissing this action on the grounds, among other arguments, that there is no
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statutory exception for permitting an action to be brought against an agency of the United States
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for the actions or omissions alleged;
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3. Plaintiff asserts that the First Amended Complaint was properly brought, but based on the issues
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raised by DHS, Plaintiff has proposed that the motion brought by DHS be withdrawn, that Plaintiff
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be permitted to file and serve its Second Amended Complaint, naming the United States as a
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Defendant in this action and withdrawing the action as against DHS as a party defendant, and that
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all defendants retain all rights to assert any and all answers, defenses, denials, claims or cross
complaints as would be permitted in filing a response to an original complaint.
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4. The court may and shall issue an order permitting the filing of the Proposed Second Amended
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Complaint, in the form attached as Exhibit “1” and by this reference incorporated as though set
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forth at length herein.
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I agree to all of the above.
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Dated: January 8, 2015
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I agree to all of the above.
Dated: January 8, 2015
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_/s/ Lazaro Salazar______________
Lazaro Salazar
Attorney for Plaintiff, Victoriano Mendez-Garcia
_/s/Gregory L. Myers_______________
Gregory L. Myers
Attorney for Defendants City of Madera, City of Madera
Police Department and Josh Chavez
I agree to all of the above.
Dated: January 8, 2015
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__/s/ Benjamin E. Hall__________________________
Benjamin E. Hall
Attorney for Defendant, DHS
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STIPULAITON RE FILING OF SECOND AMENDED COMPLAINT
Order
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Good cause appearing, the above STIPULATION RE FILING OF SECOND AMENDED
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COMPLAINT in Case No.1:13-CV-01793-MJS is accepted and adopted as the Order of the Court.
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The Second Amended Complaint shall be filed within five days of the date of this Order.
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IT IS SO ORDERED.
Dated:
January 9, 2015
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Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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/s/
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STIPULAITON RE FILING OF SECOND AMENDED COMPLAINT
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