Mendez Garcia v. City of Madera et al

Filing 43

Stipulation Re: Filing of Second Amended Complaint, signed by Magistrate Judge Michael J. Seng on 1/9/2015. (Yu, L)

1
2
3
4
5

LAZARO SALAZAR, SBN 234183
SALAZAR & COOK, LLP
252 N. Fulton Street
Fresno, California 93701
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorney for Plaintiff Victoriano Mendez-Garcia

6
7
8

IN THE UNITED STATES DISTRICT COURT IN AND

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

Defendants
VICTORIANO MENDEZ-GARCIA

12
Plaintiff
13
14

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

15
16
17
18
19
20
21

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.
________________________________

STIPULATION RE FILING OF SECOND
AMENDED COMPLAINT

22
23

TO THE HONORABLE COURT:

24

IT IS HEREBY STIPULATED BY AND AMONG THE PARTIES TO THIS ACTION by and

25

through their attorneys of record herein as follows:

26
27
28

1.

Plaintiff filed a First Amended Complaint in this action, naming an agency of the United States

_________________
STIPULAITON RE FILING OF SECOND AMENDED COMPLAINT

government as one of the defendants in this action;

1
2

2.

The Department of Homeland Security (herein “DHS”), one of the defendants named herein, has

3

moved for an order dismissing this action on the grounds, among other arguments, that there is no

4

statutory exception for permitting an action to be brought against an agency of the United States

5

for the actions or omissions alleged;

6
7

3. Plaintiff asserts that the First Amended Complaint was properly brought, but based on the issues

8

raised by DHS, Plaintiff has proposed that the motion brought by DHS be withdrawn, that Plaintiff

9

be permitted to file and serve its Second Amended Complaint, naming the United States as a

10

Defendant in this action and withdrawing the action as against DHS as a party defendant, and that

11
12

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.

13
14

4. The court may and shall issue an order permitting the filing of the Proposed Second Amended

15

Complaint, in the form attached as Exhibit “1” and by this reference incorporated as though set

16

forth at length herein.

17

I agree to all of the above.

18

Dated: January 8, 2015

19
20
21

I agree to all of the above.
Dated: January 8, 2015

22
23
24
25

_/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

26

__/s/ Benjamin E. Hall__________________________
Benjamin E. Hall
Attorney for Defendant, DHS

27
28

_________________
STIPULAITON RE FILING OF SECOND AMENDED COMPLAINT

Order

1
2

Good cause appearing, the above STIPULATION RE FILING OF SECOND AMENDED

3

COMPLAINT in Case No.1:13-CV-01793-MJS is accepted and adopted as the Order of the Court.

4

The Second Amended Complaint shall be filed within five days of the date of this Order.

5
6
7
8

IT IS SO ORDERED.
Dated:

January 9, 2015

9

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

/s/

_________________
STIPULAITON RE FILING OF SECOND AMENDED COMPLAINT