Carefoot et al v. County of Kern et al

Filing 20

STIPULATION and ORDER to Strike Portions of the Complaint and Withdraw Defendants' Motion to Strike signed by District Judge Anthony W. Ishii on 07/21/2017. (Flores, E)

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MARK L. NATIONS, INTERIM COUNTY COUNSEL
By: Andrew C. Thomson, Deputy (Bar # 149057)
Kern County Administrative Center
1115 Truxtun Avenue, Fourth Floor
Bakersfield, CA 93301
Telephone [phone]
Fax [phone]
Attorneys for Defendants County of Kern,
Duckworth, Stephens and Edwards
Vincent W. Davis, Esq. (SBN 125399)
Daniel C. Sharpe, Esq.(SBN 267075)
Law Offices of Vincent W. Davis & Associates
150 N. Santa Anita Avenue, Suite 200
Arcadia, CA 91006
Phone: [phone]
Facsimile [phone]
Attorneys for Plaintiffs Carefoot and J.H.

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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PRISCILLA CAREFOOT; J.H., a minor
by and through his Guardian Ad Litem,
Priscilla Carefoot,

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Plaintiffs,
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v.
COUNTY OF KERN, by and through
THE KERN COUNTY DEPARTMENT
OF HUMAN SERVICES; KIM
DUCKWORTH, an Individual; ANNIE
STEPHENS, an Individual; KENISHA
EDWARDS, an Individual; and DOES 1
through 50, inclusive,
Defendants.

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Case No.: 1:17-CV-00456-AWI-JLT
STIPULATION TO STRIKE PORTIONS
OF THE COMPLAINT AND
WITHDRAW DEFENDANTS’ MOTION
TO STRIKE [Doc. 17] and ORDER
THEREON

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Stipulation to Strike Portions of the Complaint and Withdraw Defendants’ Motion to Strike

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COME NOW the Parties in this matter, and present this Stipulation to strike portions
of the Complaint and to withdraw the Motion to Strike.

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Plaintiffs PRISCILLA CAREFOOT and J.H., a minor by and through his Guardian Ad

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Litem, Priscilla Carefoot, (hereinafter collectively “Plaintiffs”) are represented by Vincent W.

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Davis and Daniel C. Sharpe of the Law Offices of Vincent W. Davis & Associates.

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Defendants COUNTY OF KERN, by and through the Kern County Department of

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Human Services; KIM DUCKWORTH, ANNIE STEPHENS and KENISHA EDWARDS

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(hereinafter collectively “Defendants”) are represented by Andrew C. Thomson, of the Office

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of Kern County Counsel.

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Plaintiffs and Defendants are hereinafter collectively referred to as the “Parties” and
provide as follows:

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THE PARTIES FIND AND AGREE AS FOLLOWS:

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On or about July 13, 2017 Defendants filed a Motion to Strike Portions of Plaintiffs’

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Complaint. After discussions, the Parties agree and stipulate to the following:
Paragraphs 7, 8 and 9 of the Complaint contain the phrase “the matter of the minor
Plaintiffs J.H. and M.K.”

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The Parties agree that M.K. is not a plaintiff in this litigation and that the inadvertent

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“s” on the word “Plaintiffs” was a mere typographical error and was not intended to denote

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that M.K. was a plaintiff in this matter.

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The Parties agree that the word “”Plaintiffs” was intended to be “Plaintiff.”

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The Parties therefore agree to strike the letter “s” in the word “Plaintiffs” in the phrase

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“the matter of the minor Plaintiffs J.H. and M.K.” in paragraphs 7, 8 and 9.
The Parties agree that the subject phrase in paragraphs 7, 8 and 9 will read “the matter
of the minor Plaintiff J.H. and M.K.”
The Parties agree that with the granting of the attached Order for this stipulation, the
Defendants’ Motion to Strike is withdrawn as moot.
IT IS THEREFOR STIPULATED:

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Stipulation to Strike Portions of the Complaint and Withdraw Defendants’ Motion to Strike

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Based upon the foregoing, the Parties agree and stipulate, as follows:

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The letter “s” in the word “Plaintiffs” in the phrase “the matter of the minor Plaintiffs

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J.H. and M.K.” will be stricken from paragraphs 7, 8 and 9.
The subject phrase in paragraphs 7, 8 and 9 will now read “the matter of the minor
Plaintiff J.H. and M.K.”
With the granting of the attached Order for this stipulation, the Defendants’ Motion to
Strike is withdrawn as moot.

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DATED: July 17, 2017

Law Offices of Vincent W. Davis & Associates

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By: /s/ Daniel C. Sharpe
Vincent W. Davis, Esq.
Daniel C. Sharpe, Esq.
Attorneys for Plaintiffs Carefoot and J.H.

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DATED: July 17, 2017

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Mark L. Nations, Interim County Counsel

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By: /s/ Andrew C. Thomson
Andrew C. Thomson, Deputy
Attorneys for Defendants County of Kern,
Duckworth, Stephens and Edwards

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_

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IT IS SO ORDERED.
Dated: July 21, 2017
SENIOR DISTRICT JUDGE

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Stipulation to Strike Portions of the Complaint and Withdraw Defendants’ Motion to Strike