Rodriguez, et al. v. City of Fresno, et al.

Filing 15

STIPULATION and ORDER Re leave to FIle Second Amended Complaint 14 signed by Senior Judge William B. Shubb on 6/8/2016: IT IS HEREBY ORDERED that Plaintiff file her Second Amended Complaint within ten (10) calendar days of the date this Order is filed. IT IS FURTHER ORDERED that Defendant's response thereto shall be filed within twenty-one (21) days after the Second Amended Complaint is filed and served. (Kirksey Smith, K)

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Stanley S. Ma, #188539
Attorney at Law
2224 N. Fine Avenue, Suite 103
Fresno, California 93727
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

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Attorney for Plaintiff:

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TINA MA individually
interest of JOSEPH MA

and

as

successor

in

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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TINA MA individually and as successor )
in interest of JOSEPH MA,
)
)
)
Plaintiff,
)
)
vs.
)
)
CITY OF FRESNO; CHIEF OF POLICE JERRY )
DYER, in his individual and official )
capacities; and DOES 1-50 inclusive, )
)
Defendants.
)
)
)

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Civ. No. 1:15-01426 WBS MJS
STIPULATION
AND
PLAINTIFF
LEAVE
AMENDED COMPLAINT

ORDER
GRANTING
TO
FILE
SECOND

Judge: Honorable William B. Shubb

IT IS HEREBY STIPULATED by and between Plaintiff, TINA MA individually

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and as successor in interest of JOSEPH MA, (hereinafter “Plaintiff”), and

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Defendants CITY OF FRESNO and CHIEF OF POLICE JERRY DYER, (hereinafter

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“Defendants,”) by and through their respective attorneys of record, that

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Plaintiff may file a Second Amended Complaint within 10 days of the execution

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of this Order by the Court.

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WHEREAS, Plaintiff filed a First Amended Complaint in this action on

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September 23, 2015;

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STIPULATION AND ORDER GRANTING PLAINTIFF LEAVE TO FILE SECOND AMENDED
COMPLAINT - PAGE 1

WHEREAS, the parties knew by virtue of the joint status report filed

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February

29,

2016,

the

parties

discussed

and

contemplated

that

Plaintiff

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would be filing a Second Amended Complaint to substitute in natural persons

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for DOE defendants when their true identifies were ascertained;
WHEREAS, Plaintiff contends that she has discovered the true identity

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of

DOE

NUMBER

ONE

(1)

based

upon

Defendant

City

of

Fresno’s

Initial

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Disclosures and seeks to substitute COLIN LEWIS into the action in place and

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stead of DOE NUMBER ONE (1).

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WHEREAS, Plaintiff’s filing of a Second Amended Complaint in the form

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of the Second Amended Complaint attached hereto as Exhibit A will not delay

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compliance with any of the case management deadlines already ordered by the

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Court;
WHEREAS,

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Defendants

shall

have

twenty-one

(21)

days

to

respond

to

Plaintiff’s Second Amended Complaint from the date of service;
NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties

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hereto

through

their

respective

attorneys

of

records

that

Plaintiff

may,

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pursuant to Rule 15(a) of the Federal Rules of Civil Procedure, file a Second

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Amended complaint in the form of the Second Amended Complaint attached hereto

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as Exhibit A.

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IT IS FURTHER STIPULATED that Plaintiff will file her Second Amended

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Complaint within ten (10) calendar days of the Court’s Order permitting such

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filing, and that Defendant’s response thereto shall be filed within twenty-

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one

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///

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///

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///

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///

(21) days after the Second Amended Complaint is filed and served.

STIPULATION AND ORDER GRANTING PLAINTIFF LEAVE TO FILE SECOND AMENDED
COMPLAINT - PAGE 2

IT IS SO STIPULATED.

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DATED:

May 25, 2016

LAW OFFICE OF STANLEY S. MA

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/s/ Stanley S. Ma_ ____________
STANLEY S. MA
Attorney for Plaintiff
TINA
MA
individually
and
as
successor in interest of JOSEPH MA

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DATED:

May 31, 2016

FERGUSON PRAET AND SHERMAN

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/s/ Bruce A. Praet____________
BRUCE A. PRAET
Attorney for Defendants
CITY OF FRESNO and CHIEF OF POLICE
JERRY DYER

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ORDER

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The Parties having so stipulated and good cause appearing,

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IT IS HEREBY ORDERED that Plaintiff file her Second Amended Complaint,

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a copy of which was filed with the Parties’ stipulation, within ten (10)

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calendar days of the date this Order is filed.

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IT IS FURTHER ORDERED that Defendant’s response thereto shall be filed

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within twenty-one (21) days after the Second Amended Complaint is filed and

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served.
IT IS SO ORDERED.

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Dated:

June 8, 2016

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STIPULATION AND ORDER GRANTING PLAINTIFF LEAVE TO FILE SECOND AMENDED
COMPLAINT - PAGE 3