Damien et al v. City of Merced et al

Filing 7

STIPULATION and ORDER to File and Serve Second Amended Complaint and Time to Respond re 6 , signed by District Judge Anthony W. Ishii on 1/5/17. (Gonzalez, R)

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James N. Fincher, SBN 196837
Merced County Counsel
Roger S. Matzkind, SBN 77331
Chief Civil Litigator
James E. Stone, SBN 197803
Deputy County Counsel
2222 M Street, Room 309
Merced, CA 95340
Tel: [phone]
Fax: [phone]
Attorney for Defendants County of Merced and Vern Warnke

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In the United States District Court

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For the Eastern District of California, Fresno Division

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Jaime Vega Damien and Alicia Reyes
Barajas, Successors in interest to
Alejandro Alex Vega, deceased,

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Plaintiffs,

Case No. 1:16-cv-01869-AWI-MSJ
Stipulation and [Proposed] Order to File
and Serve Second Amended Complaint
and Time to Respond

v.
City of Merced, et al.,
Defendants.

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WHEREAS, on October 7, 2016, Plaintiffs filed a complaint in the
Superior Court of California, County of Merced, Case number 16CV-03050.
WHEREAS, on October 28, 2016, Plaintiffs filed a first amended
complaint in the Superior Court of California, County of Merced.
WHEREAS, Plaintiffs did not serve defendants with the first amended

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complaint that was filed in the Superior Court of California, County of Merced

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on October 28, 2016.

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Merced County Counsel
2222 M Street
Merced, CA 95340
[phone]

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Stipulation and Order to File and Serve Second Amended Complaint and Time to Respond

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WHEREAS, on November 7, 2016, Plaintiffs filed an ex parte

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application to amend the first amended complaint in the Superior Court of

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California, County of Merced.

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WHEREAS, Defendants were not notified of the ex parte application to
amend the first amended complaint.
WHEREAS, on November 14, 2016, the Court granted Plaintiffs’ ex
parte application to amend the first amended complaint.
WHEREAS, Defendants were not served with the order granting the ex
parte application to amend the first amended complaint.
WHEREAS, on November 29, 2016, Plaintiffs served defendants with
the original complaint that was filed on October 7, 2016.
WHEREAS, on December 7, 2016, Plaintiffs filed a second amended

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complaint in the Superior Court of California, County of Merced. A copy of the

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second amended complaint is attached hereto as Exhibit A.

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WHEREAS, a new defendant, Damian Alex Vega, was properly named

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in this suit via the second amended complaint, filed on December 7, 2016, in

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the Superior Court of California, County of Merced.

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WHEREAS, Plaintiffs did not serve defendants County of Merced and

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Vern Warnke with the second amended complaint that was filed in the

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Superior Court of California, County of Merced on December 7, 2016.

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WHEREAS, on December 13, 2016, Defendant, City of Merced, filed a

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notice of removal to the United States District Court, Eastern District Of

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California—Fresno Division.

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WHEREAS, on December 29, 2016, Defendants, County of Merced and

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Sheriff of the County of Merced, Vern Warnke, in his capacity of Sheriff of the

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County of Merced, filed a joinder in notice of removal to the United States

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District Court, Eastern District of California—Fresno Division. Not all

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Merced County Counsel
2222 M Street
Merced, CA 95340
[phone]

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Stipulation and Order to File and Serve Second Amended Complaint and Time to Respond

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Defendants have filed a joinder in notice of removal to the United States

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District Court, Eastern District of California—Fresno Division.

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The parties, by and through their attorneys of record, hereby stipulate

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and agree that the second amended complaint will be deemed served upon the

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filing of this stipulation, and that Defendants City of Merced, Norm Andrade,

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County of Merced and Vern Warnke will have twenty one (21) days from the

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date of the order on the stipulation to respond to the second amended

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complaint.

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Law Office of Javier Guerrero, Jr.

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Dated: January 4, 2017

By:

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/s/ Javier Guerrero, Jr. (as authorized)
Javier Guerrero, Jr.
Attorney for Plaintiffs

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Longyear, O’Dea & Lavra, LLP

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Dated: January 4, 2017

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By: /s/ Van Longyear (as authorized)
VAN LONGYEAR
PETER C. ZILAFF
NICOLE M. CAHILL
Attorney for Defendant,
CITY OF MERCED

Dated: January 4, 2017

James N. Fincher
Merced County Counsel

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By:

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Merced County Counsel
2222 M Street
Merced, CA 95340
[phone]

/s/ James E. Stone
James E. Stone, Deputy County
Counsel, Attorney for Defendants,
County of Merced and Sheriff Vern
Warnke

[Order on following page]

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Stipulation and Order to File and Serve Second Amended Complaint and Time to Respond

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ORDER

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Upon stipulation of the parties, it is ordered that:

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1. The Second Amended Complaint is deemed served;

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2. Defendants City of Merced, Norm Andrade, County of Merced and Vern

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Warnke have twenty one (21) days from the date of this order to

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respond to the second amended complaint; and

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3. The active complaint in this matter shall be Plaintiffs’ Second Amended
Complaint, which is Document No. 6-1 in the Court’s Docket.

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IT IS SO ORDERED.

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Dated: January 5, 2017

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SENIOR DISTRICT JUDGE

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Merced County Counsel
2222 M Street
Merced, CA 95340
[phone]

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Stipulation and Order to File and Serve Second Amended Complaint and Time to Respond