Gray v. County of Kern

Filing 49

ORDER APPROVING 48 the Stipulation of the Parties and DIRECTING Plaintiff to File the First Amended Complaint No Later Than November 17, 2017, signed by Magistrate Judge Jennifer L. Thurston on 11/14/2017. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARTHUR GRAY,
Plaintiff,

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v.

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COUNTY OF KERN,
Defendant.

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Case No.: 1:14-cv-0204 - LJO -JLT
ORDER APPROVING THE STIPULATION OF
THE PARTIES AND DIRECTING PLAINTIFF TO
FILE THE FIRST AMENDED COMPLAINT NO
LATER THAN NOVEMBER 17, 2017
(Doc. 48)

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On November 3, 2017, the Court held a trial-setting conference with the parties. On November

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6, 2017, the Court noted “the property that is the subject of this lawsuit is now owned by a non-party,

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the Kern County Hospital Authority.” (Doc. 47) The parties were ordered “to discuss the filing of

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either a stipulation or motion to substitute KCHA into the case.” (Id.)
In accordance with the Court’s order, the parties met and conferred, and on November 9, 2017,

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filed a stipulation for Plaintiff to file a First Amended Complaint, in which he adds Kern County

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Hospital Authority as a defendant. (Doc. 48) In addition, the parties agreed “the Answer to the

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original Complaint filed by the Defendant County of Kern on March 14, 2014, which answer and

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defenses were prepared in response to the original Complaint, shall be deemed fully responsive to the

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First Amended Complaint for both Defendants County of Kern and Kern County Hospital Authority.”

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(Id. at 2) Therefore, the defendants will not file another Answer. (Id.)

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Based upon the stipulation of the parties, the Court ORDERS:

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November 17, 2017; and

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Plaintiff SHALL file his First Amended Complaint in the action no later than

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Upon the filing of the amended complaint, the Answer filed on March 3, 2014 (Doc. 3)

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SHALL be deemed the answer for both the County of Kern and the Kern County

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Hospital Authority.

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IT IS SO ORDERED.
Dated:

November 14, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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