Mack v. California Department of Corrections and Rehabilitation et al

Filing 92

STIPULATION and ORDER 91 GRANTING Plaintiff Leave to File Fourth Amended Complaint, signed by Magistrate Judge Jennifer L. Thurston on 1/18/2017. Fourth Amended Complaint due within three court days. (Hall, S)

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CURTIS E. ALLEN, ESQ. SBN 187748
303 Twin Dolphin Drive, Suite 600
Redwood City, CA 94065
Ph 650 868 6620
Fax [phone]
[e-mail]
Attorney for Plaintiff JEROME J. MACK

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KATHLEEN A. KENEALY
Acting Attorney General of California
JUDITH A. RECCHIO, State Bar No. 163060
Supervising Deputy Attorney General
MARY HORST, State Bar No. 163069
Deputy Attorney General
2550 Mariposa Mall, Room 5090
Fresno, CA 93721
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JEROME J. MACK,

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v.

1:15-CV-01600 JLT
Plaintiff, STIPULATION AND PROPOSED
ORDER GRANTING PLAINTIFF
LEAVE TO FILE FOURTH AMENDED
COMPLAINT

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CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION; KIM. HOLLAND,
WARDEN,

(Doc. 91)

Defendant.

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Pursuant to Federal Rule of Civil Procedure, Rule 15(a)(2) and this Court’s September 16,

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2016 Scheduling Order (Case Docket No. 83), the parties hereby stipulate by and through their

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respective counsel of record that the Court may enter an order granting Plaintiff leave to file the

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Fourth Amended Complaint attached hereto as Exhibit A.

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Stipulation and Proposed Order Re: Fourth Amended Complaint (1:15-CV-01600 JLT)

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The parties believe good cause exists for this stipulation and the requested order. The

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Court’s Scheduling Order sets January 20, 2017 as the deadline for filing any request for a

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pleading amendment. (See Docket No. 83 @ 2:6-2:8.) The Fourth Amended Complaint includes

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additional allegations that occur beyond the filing date of the Third Amended Complaint. (See

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Exhibit A Fourth Amended Complaint Paragraphs 207 to 227.) Stipulating that the Court may

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enter an order allowing the filing of the Fourth Amended Complaint serves judicial economy.

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Respectfully submitted,
Curtis E. Allen, Esq.

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____//s Curtis E. Allen__________________
Curtis E. Allen, Esq., Attorney for
Plaintiff Jerome Mack

Dated: January 18, 2017

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KATHLEEN A. KENEALY
Acting Attorney General of California
JUDITH A. RECCHIO
Supervising Deputy Attorney General

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Dated: January 18, 2017

____//s Mary Horst_________________
MARY HORST
Deputy Attorney General
Attorneys for Defendants

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ORDER
Based upon the agreement of the parties, the plaintiff may file his Fourth Amended
Complaint (attached to the stipulation as Exhibit A) within three court days.

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IT IS SO ORDERED.
Dated:

January 18, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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Stipulation and Proposed Order Re: Fourth Amended Complaint (1:15-CV-01600 JLT)