Payne v. State of California et al

Filing 34

STIPULATION to Amend Complaint to Correct the Name for Defendant Sergeant Bailey to his Full and Corrected name John P. Bailey; ORDER, signed by Judge Michael J. Seng on 3/5/18. (Gonzalez, R)

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Theodore Slater , Esq., SBN 267479
SLATER LAW, APC
1017 L. St. #294
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorney for PLAINTIFF
COLEMAN PAYNE

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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COLEMAN PAYNE, an individual,

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PLAINTIFF,
STATE OF CALIFORNIA, a government entity
and state in the United States; DEPARTMENT OF
STATE HOSPITALS, a government agency form
unknown; METROPOLITAN STATE HOSPITAL,
an entity form unknown; COUNTY OF
CALAVERAS, a government entity in the State of
California; CALAVERAS COUNTY SHERIFF, a
governmental agency of unknown form;
CALAVERAS COUNTY JAIL, an entity form
unknown; SERGEANT BAILEY, an individual;
NURSE JOY, an individual; DOES 1 through 50,
inclusive.

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STIPULATION TO AMEND
COMPLAINT TO CORRECT THE
NAME FOR DEFENDANT SERGEANT
BAILEY TO HIS FULL AND
CORRECTED NAME JOHN P. BAILEY,
ORDER
Judge: Hon. Michael J. Seng
Trial Date: None Assigned
Action Filed: July 2, 2017

DEFENDANTS.

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Case No. 17-CV-00906-DAD-MJS

STIPULATION
Plaintiff Coleman Payne (“Plaintiff”) and DEFENDANT AND SERGEANT BAILEY,
AKA JOHN P. BAILEY, by and through their respective counsel of record , stipulate to allow
Plaintiff to amend her complaint to change the name of Defendant SERGEANT BAILEY to JOHN
P. BAILEY.

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IT IS HEREBY STIPULATED AND AGREED by Plaintiff and Defendant, SERGEANT
BAILEY, AKA JOHN P. BAILEY, by and through their counsel, that:
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Plaintiff may amend her complaint to correct the name of Defendant SERGEANT

BAILEY to JOHN P. BAILEY.
2.

This Stipulation may be executed in counterparts.

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IT IS SO STIPULATED.

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DATED: March 2, 2018

MCCORMICK BARSTOW, LLP

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By: /s/ Deborah Byron
DEBORAH BYRON, Esq.
Attorneys for Defendants,
County Of Calaveras and Sergeant John Bailey

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DATED: March 2, 2018

SLATER LAW, APC

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By: /s/ Theodore Slater
THEODORE SLATER, Esq.
Attorneys for Plaintiff,
Coleman Payne

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Order

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Good cause being found and no prejudice to any party or the Court resulting,
PURSUANT TO STIPULATION, THE COURT ORDERS AS FOLLOWS:
Plaintiff in Case No. 17-CV-00906-DAD-MJS is granted leave to amend her
complaint and correct the name of Defendant SERGEANT BAILEY to include that
Defendant’s complete and correct name: JOHN P. BAILEY.
IT IS SO ORDERED.

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Dated:

March 5, 2018

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE