Smith v. Youngblood, et al

Filing 30

ORDER signed by District Judge Morrison C. England, Jr. on 8/31/2016 ORDERING Plaintiff shall be GRANTED a 14 day extension of time, up to and including 9/15/2016, to file any First Amended Complaint. (Reader, L)

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RALPH B. WEGIS, SBN 67966
LAW OFFICES OF RALPH B. WEGIS
1930 TRUXTUN AVENUE
BAKERSFIELD, CALIFORNIA 93301
TELEPHONE: [phone]
FAX: [phone]
[e-mail]

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Attorneys for Claimant, WESTON ANTHONY SMITH

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
WESTON ANTHONY SMITH,
Plaintiff,

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vs.

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COUNTY OF KERN, a public entity,
DONNY YOUNGBLOOD, an individual

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Defendants.

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CASE NO: 15-cv-01749-MCE-JLT
STIPULATION AND ORDER FOR 14
DAY EXTENSION OF TIME FOR
PLAINTIFF TO FILE FIRST AMENDED
COMPLAINT

The following stipulation is entered into by and between Plaintiff, Westona Anthony Smith,

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through his attorney of record, Ralph B. Wegis, Law Office of Ralph B. Wegis and Defendants,

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County Of Kern and Donny Youngblood by and through their attorney of record, Marshall S. Fontes,

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Office of the County Counsel, that

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WHEREAS, the complaint in this matter was filed on November 17, 2015;

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WHEREAS, the defendants filed a Motion to Dismiss and Motion to Strike on December 22,

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2015;
WHEREAS, on August 12, 2016, the court granted in part and denied in part the pending
Motion to Dismiss and Motion to Strike, giving plaintiff 20 days to file a First Amended Complaint;
WHEREAS, the 20th day for filing a First Amended Complaint falls on Thursday, September
1, 2016;
WHEREAS, due to the press of business and various health issues impacting the attorney
tasked with evaluating whether to file a First Amended Complaint and with drafting the First
Amended Complaint in the event plaintiff elects to so proceed, plaintiff requires additional time; and
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STIPULATION AND ORDER FOR 14 DAY EXTENSION OF TIME FOR PLAINTIFF TO FILE FIRST AMENDED
COMPLAINT

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Whereas, the interests of justice would be served by allowing plaintiff a 14 day extension of

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time, up to and including Thursday, September 15, 2016, to file any First Amended Complaint, and

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no party would be prejudiced by such an extension,

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NOW THEREFOR, IT IS STIPULATED BY AND BETWEEN THE PARTIES,
THROUGH THEIR RESPECTIVE COUNSEL, AS FOLLOWS:
That good cause exists to allow plaintiff a 14 day extension of time, up to and including
Thursday, September 15, 2016, to file any First Amended Complaint.
SO STIPULATED

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DATED: August 30, 2016

LAW OFFICES OF RALPH B. WEGIS

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________/s/_________________________
RALPH B. WEGIS
Attorneys for Plaintiff, WESTON ANTHONY
SMITH

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DATED: August 30, 2016

OFFICE OF THE COUNTY COUNSEL

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________/s/_________________________
MARSHALL S. FONTES,
Attorneys for Defendants, COUNTY OF KERN,
DONNY YOUNGBLOOD

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ORDER
BASED UPON THE FOREGOING STIPULATION, AND GOOD CAUSE
APPEARING, IT IS HEREBY ORDERED that:
Plaintiff shall be granted a 14 day extension of time, up to and including Thursday,
September 15, 2016, to file any First Amended Complaint.
IT IS SO ORDERED.
Dated: August 31, 2016

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STIPULATION AND ORDER FOR 14 DAY EXTENSION OF TIME FOR PLAINTIFF TO FILE FIRST AMENDED
COMPLAINT