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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1 2 3 4 CURTIS E. ALLEN, ESQ. SBN 187748 303 Twin Dolphin Drive, Suite 600 Redwood City, CA 94065 Ph 650 868 6620 Fax 650 362 1864 Attorney for Plaintiff JEROME J. MACK 5 6 7 8 9 10 11 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: (559) 477-1672 Fax: (559) 445-5106 E-mail: Attorneys for Defendants 12 IN THE UNITED STATES DISTRICT COURT 13 FOR THE EASTERN DISTRICT OF CALIFORNIA 14 15 16 JEROME J. MACK, 17 18 v. 1:15-CV-01600 JLT Plaintiff, STIPULATION AND PROPOSED ORDER GRANTING PLAINTIFF LEAVE TO FILE FOURTH AMENDED COMPLAINT 19 20 21 22 CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION; KIM. HOLLAND, WARDEN, (Doc. 91) Defendant. 23 24 Pursuant to Federal Rule of Civil Procedure, Rule 15(a)(2) and this Court’s September 16, 25 2016 Scheduling Order (Case Docket No. 83), the parties hereby stipulate by and through their 26 respective counsel of record that the Court may enter an order granting Plaintiff leave to file the 27 Fourth Amended Complaint attached hereto as Exhibit A. 28 1 Stipulation and Proposed Order Re: Fourth Amended Complaint (1:15-CV-01600 JLT) 1 The parties believe good cause exists for this stipulation and the requested order. The 2 Court’s Scheduling Order sets January 20, 2017 as the deadline for filing any request for a 3 pleading amendment. (See Docket No. 83 @ 2:6-2:8.) The Fourth Amended Complaint includes 4 additional allegations that occur beyond the filing date of the Third Amended Complaint. (See 5 Exhibit A Fourth Amended Complaint Paragraphs 207 to 227.) Stipulating that the Court may 6 enter an order allowing the filing of the Fourth Amended Complaint serves judicial economy. 7 Respectfully submitted, Curtis E. Allen, Esq. 8 9 10 11 ____//s Curtis E. Allen__________________ Curtis E. Allen, Esq., Attorney for Plaintiff Jerome Mack Dated: January 18, 2017 12 13 KATHLEEN A. KENEALY Acting Attorney General of California JUDITH A. RECCHIO Supervising Deputy Attorney General 14 15 16 17 18 Dated: January 18, 2017 ____//s Mary Horst_________________ MARY HORST Deputy Attorney General Attorneys for Defendants 19 20 21 22 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. 23 24 25 IT IS SO ORDERED. Dated: January 18, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 26 27 28 2 Stipulation and Proposed Order Re: Fourth Amended Complaint (1:15-CV-01600 JLT)

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