Pasillas, et al. v. State of California, et al.

Filing 35

STIPULATION and ORDER re 22 First Amended Complaint signed by Magistrate Judge Erica P. Grosjean on 12/5/2017. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ABELARDO PASILLAS, et al.,

1:17-cv-00712-DAD-EPG

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Plaintiffs, STIPULATION RE: FIRST AMENDED
COMPLAINT; ORDER

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v.
Judge:

The Honorable
Erica P. Grosjean
Trial Date:
Not Set
Action Filed: May 22, 2017

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STATE OF CALIFORNIA, et al.,
Defendants.

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Plaintiffs Valdez and Pasillas, and Defendants B. Boone, C. Bucaro, S. Vasquez, L. Brady

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and J. Milburn, through their respective counsel, stipulate as follows:
1.

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Counsel for the above parties have met and conferred concerning the allegations

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asserted in the First Amended Complaint (FAC) filed in the above matter in order to avoid the

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filing of a Motion to Dismiss and/or Motion to Strike the FAC;
2.

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It is stipulated and agreed that the allegations of excessive force in violation of the

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Eighth Amendment do not apply to medical personnel named in the FAC, including C. Bucaro,

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L. Brady and J. Milburn;

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///

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It is further stipulated and agreed that Plaintiffs are not asserting a municipal liability

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under Monell v. Department of Social Services, 436 U.S. 658 (1978) against individual

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Defendants named in this action; and

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It is further stipulated and agreed that the allegations concerning a lack of psychiatric

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care necessary to prevent a death from hanging (FAC, ECF No. 22 at 7:23-24) are stricken.

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Dated: December 4, 2017

Respectfully submitted,

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THE SEHAT LAW FIRM

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/s/ Cameron Sehat

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CAMERON SEHAT
Attorneys for Plaintiffs

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XAVIER BECERRA
Attorney General of California
CHRISTOPHER J. BECKER
Supervising Deputy Attorney General

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/s/ R. Lawrence Bragg

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R. LAWRENCE BRAGG
Acting Supervising Deputy Attorney General
Attorneys for Defendants
B. Boone, C. Bucaro, S. Vasquez, L. Brady
and J. Milburn

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ORDER
In light of the above stipulation of the parties, and pursuant to Fed. R. Civ. P.
41(a)(1)(A)(ii), it is so ordered.

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IT IS SO ORDERED.
Dated:

December 5, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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