Doe v. County of Kern et al

Filing 56

ORDER GRANTING 54 Stipulation re Summary Judgment, signed by Magistrate Judge Jennifer L. Thurston on 11/6/2017. (Hall, S)

Case 1:16-cv-01469-JLT Document 54 Filed 11/03/17 Page 1 of 3
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James D. Weakley, Esq.
Ashley N. Torres, Esq.

Bar No. 082853
Bar No. 312120

Weakley & Arendt, LLP
1630 East Shaw Ave., Suite 176
Fresno, California 93710
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant, George Anderson

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JANE DOE,

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Plaintiff,
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v.

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) CASE NO. 1:16-CV-01469 JLT
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) JOINT STIPULATION; and [Proposed]
Order
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COUNTY OF KERN, et al.,

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Defendants.

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COME NOW the parties to this action jointly, through their respective attorneys of

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record, and stipulate as follows:
1.

Pursuant to the Court’s scheduling order (Doc. No. 13), the parties met and

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conferred on October 13, 2017 by telephone about the issues to be raised in the parties’ motions

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for summary judgment.

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2.

After conferring on Plaintiff’s claims, all parties hereby stipulate to the following

for the purposes of this motion:
a.

Defendants dispute the merits of Plaintiff’s claims. However, the parties have

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reached agreement that to the extent Plaintiff has any claim under federal law

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against Defendant Anderson, that claim would be evaluated under the Fourteenth

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Amendment, not under the Fourth or Eighth Amendments.

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Joint Stipulation; and
[Proposed] Order

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Case 1:16-cv-01469-JLT Document 54 Filed 11/03/17 Page 2 of 3
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b.

Plaintiff's First Claim for Relief (Civil Rights Action – 42 U.S.C. §1983) refers

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to the Fourth, Eighth, and Fourteenth Amendments. Plaintiff's Second Claim for

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Relief (Substantive Due Process – 42 U.S.C. §1983) also refers the Fourteenth

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Amendment. In light of the above agreement of the parties, these two separately

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pled claims for relief are redundant. The parties agree that Plaintiff has one claim

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for relief against Defendant Anderson, which is to be evaluated under the

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Fourteenth Amendment.

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c.

The parties, through their respective counsel, stipulate that Plaintiff hereby

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withdraws her Fifth Claim for Relief (Municipal Liability-Ratification (42

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U.S.C. 1983) against Defendant County of Kern, as contained in Plaintiff's First

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Amended Complaint (Doc. No. 37).

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IT IS SO STIPULATED.
DATED: November 3, 2017

WEAKLEY & ARENDT, LLP

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By:

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DATED: November 3, 2017

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COUNTY OF KERN
OFFICE OF COUNTY COUNSEL

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By:

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/s/ James D. Weakley______
James D. Weakley
Ashley N. Torres
Attorneys for Defendant,
George Anderson

DATED: November 3, 2017

/s/ Kathleen Rivera___________
Kathleen Rivera
Attorneys for Defendant County of Kern

LAW OFFICE OF THOMAS C. SEABAUGH

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By:

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/s/ Thomas C. Seabaugh
Thomas C. Seabaugh
Attorney for Plaintiff

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Joint Stipulation; and
[Proposed] Order

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Case 1:16-cv-01469-JLT Document 54 Filed 11/03/17 Page 3 of 3
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ORDER

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IT IS SO ORDERED.
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Dated:

11/6/17

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By: __________________________________
HON. JENNIFER L. THURSTON
U.S. MAGISTRATE JUDGE

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Joint Stipulation; and
[Proposed] Order

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