Quintanar, Jr. v. County of Stanislaus et al

Filing 49

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 11/13/2020 CONSOLIDATING these matters for the purposes of discovery. (Huang, H)

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1 2 3 4 5 A PROFESSIONAL CORPORATION John R. Whitefleet, SBN 213301 350 University Ave., Suite 200 Sacramento, California 95825 TEL: 916.929.1481 FAX: 916.927.3706 Attorneys for Defendant COUNTY OF STANISLAUS 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 8 9 BALJIT ATHWAL, et al., 10 11 Plaintiffs, v. CASE NO. 1:15-cv-00311-TLN-BAM STIPULATION AND ORDER TO CONSOLIDATE FOR PURPOSES OF DISCOVERY 12 13 14 COUNTY OF STANISLAUS, et al., Defendants. ___________________________________/ 15 16 GEORGIA DEFILIPPO, et al., CASE NO. 1:18-cv-00496-TLN-BAM Plaintiffs, 17 18 19 v. COUNTY OF STANISLAUS, et al., 20 21 22 Defendants. ___________________________________/ EDUARDO QUINTANAR, JR. CASE NO. 1:18-cv-01403-TLN-BAM 23 Plaintiff, 24 25 v. 26 COUNTY OF STANISLAUS, et al., 27 Defendants. ___________________________________/ 28 1 STIPULATION TO CONSOLIDATE FOR PURPOSES OF DISCOVERY 1 FRANK CARSON, CASE NO. 1:20-cv-00747-TLN-BAM Plaintiff, 2 3 4 v. COUNTY OF STANISLAUS, et al., 5 6 7 Defendants. ___________________________________/ WALTER W. WELLS, et al., 8 CASE NO. 1:20-cv-00770-TLN-BAM Plaintiffs, 9 10 v. 11 COUNTY OF STANISLAUS, et al., 12 13 14 15 16 17 Defendants. ___________________________________/ The parties submit the following Stipulation to Consolidate the above matters for purposes of discovery: The above cases all arise out of the investigation into the murder of Korey Kauffman, and prosecution of criminal charges against each of the Plaintiffs. 18 On February 26, 2015, Plaintiffs Baljit Athwal, Navneet Athwal and Daljit Atwal filed the First- 19 Filed Action against the County of Stanislaus, City of Turlock, City of Modesto, City of Ceres, the 20 Stanislaus County Office of the District Attorney, Kirk Bunch, Jon Evers, Timothy Redd, Dale 21 Lingerfelt, Steve Jacobson, Birgit Fladager, Galen Carroll, and Paul Edward Jones, asserting 22 constitutional violations during Defendants’ investigation of the murder of Korey Kauffman, including 23 their arrest pursuant to warrant. 24 proceedings. Following an acquittal on June 28, 2019, the stay was lifted and on September 26, 2019, 25 plaintiffs sought leave to amend to add malicious prosecution claims, and that motion was granted in 26 Document 85, on July 28, 2020. The matter was stayed pending the resolution of the criminal 27 On April 10, 2018, Plaintiffs Georgia DeFilippo and Christina DeFilippo filed an action against 28 the County of Stanislaus, City of Turlock, City of Modesto, City of Ceres, Birgit Fladager, Marlissa 2 STIPULATION TO CONSOLIDATE FOR PURPOSES OF DISCOVERY 1 Ferreira, Kirk Bunch, Steve Jacobson, Dale Lingerfelt, Froilan Mariscal, Llloyd MacKinnon, Jon Evers, 2 Derek Perry, Cory Brown, Greg Jones, Timothy Redd, Kenneth Barringer and Frank Navarro, asserting 3 constitutional violations as arising from investigation of the murder of Korey Kauffman, including their 4 arrest pursuant to warrant, and malicious prosecution following the dismissal of the charges against 5 them. This case was stayed pending resolution of the criminal charges against others, which was lifted 6 following acquittals in June 2019. On May 21, 2020, Plaintiffs were granted leave to amend, and a First 7 Amended Complaint was filed. Defendants have moved to dismiss which is pending. 8 On October 11, 2018, Plaintiff Eduardo Quintanar Jr, filed an action against County of 9 Stanislaus, City of Modesto, Birgit Fladager, Marlissa Ferreira, Kirk Bunch, Steve Jacobson, Cory 10 Brown, and Jon Evers asserting constitutional violations as arising from investigation of the murder of 11 Korey Kauffman, including his arrest pursuant to warrant, and malicious prosecution following the 12 dismissal of the charges against him. This case was stayed pending resolution of the criminal charges 13 against others, which was lifted following acquittals in June 2019. 14 Complaint and in response, Plaintiffs filed a First Amended Complaint on May 18, 2020. Defendants 15 have filed a motion to dismiss which is currently pending. Defendants moved to dismiss the 16 On May 28, 2020, Plaintiff Frank Carson filed an action against County of Stanislaus, City of 17 Modesto, City of Ceres, Birgit Fladager, Marlissa Ferreira, David Harris, Kirk Bunch, Steve Jacobson, 18 Jon Evers, Derek Perry and Cory Brown, asserting constitutional violations as arising from investigation 19 of the murder of Korey Kauffman, including his arrest pursuant to warrant, and malicious prosecution 20 following the acquittal of the charges against him. Defendants have moved to dismiss which is pending. 21 On May 29, 2020, Plaintiffs Walter Wells and Scott McFarlane filed an action against County of 22 Stanislaus, City of Modesto, City of Ceres, the Stanislaus Office of District Attorney, Birgit Fladager, 23 Kirk Bunch, Steve Jacobson, Jon Evers, Dale Lingerfelt, Derek Perry and Cory Brown, asserting 24 constitutional violations as arising from investigation of the murder of Korey Kauffman, including his 25 arrest pursuant to warrant, and malicious prosecution following the dismissal of the charges against 26 them. Defendants have moved to dismiss which is pending. 27 /// 28 /// 3 STIPULATION TO CONSOLIDATE FOR PURPOSES OF DISCOVERY 1 2 3 4 5 6 7 On June 17, 2020, the court related the above-captioned cases. Plaintiffs and Defendants recognize and stipulate that these cases involve a common question of law or fact per Federal Rule of Civil Procedure Rule 42. The cases concern the same parties, the same events, the same or similar claims, and the same or similar questions of law. Consolidating these related cases for purposes of discovery will conserve judicial resources and promote an efficient determination of the actions, streamline and economize pretrial proceeding and avoid unnecessary costs. Dated: November 13, 2020 MORRISON & FOERSTER LLP 8 By 9 10 11 12 /s/ Robert Sandoval (authorized on 11-13-2020) Robert Sandoval Attorneys for Plaintiffs BALJIT ATHWAL, NAVNEET ATHWAL, DALJIT ATWAL, and KARAN INC., dba POP-N-CORK 13 Attorneys for Plaintiffs WALTER WELLS and SCOTT McFARLANE 14 15 16 Dated: November 13, 2020 GWILLIAM, IVARY, CHIOSSO, CAVALLI & BREWER 17 18 19 20 21 By /s/ Jayme L. Walker (authorized on 11-13-2020) Jayme L. Walker Attorneys for Plaintiffs GEORGIA DEFILIPPO and CHRISTINA DEFILIPPO Attorneys for Plaintiff FRANK CARSON 22 23 Attorneys for Plaintiff EDUARDO QUINTANAR, JR. 24 25 26 27 28 4 STIPULATION TO CONSOLIDATE FOR PURPOSES OF DISCOVERY 1 Dated: November 13, 2020 ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP 2 By 3 4 5 /s/ Patrick Moriarty (authorized on 11-13-2020) Patrick Moriarty Attorneys for Defendants CITY OF MODESTO, CHIEF GALEN CARROLL and DETECTIVE JON EVERS 6 7 Dated: November 13, 2020 ARATA SWINGLE VAN EDMOND & HEITLINGER 8 By /s/ Bradley S. Swingle (authorized on 11-13-2020) Bradley S. Swingle Attorneys for Defendants CITY OF CERES, CITY OF TURLOCK, TIMOTHY REDD and DEREK PERRY 9 10 11 12 13 Dated: November 13, 2020 NUSSBAUM APC 14 15 By /s/ T. J. Stephens authorized on 11-13-2020) T.J. Stephens Attorneys for Defendant PAUL EDWARD JONES 16 17 18 19 Dated: November 13, 2020 PORTER SCOTT A PROFESSIONAL CORPORATION 20 21 22 23 24 25 26 By /s/ John R. Whitefleet John R. Whitefleet Attorneys for Defendants COUNTY OF STANISLAUS, STANISLAUS COUNTY OFFICE OF THE DISTRICT ATTORNEY, BIRGIT FLADAGER, KIRK BUNCH, STEVE JACOBSON, DALE LINGERFELT, CORY BROWN, MARLISSA FERREIRA, DAVID HARRIS 27 28 5 STIPULATION TO CONSOLIDATE FOR PURPOSES OF DISCOVERY 1 2 PURSUANT TO STIPULATION, these matters are consolidated for purposes of discovery. Dated: November 13, 2020 3 4 5 Troy L. Nunley United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 STIPULATION TO CONSOLIDATE FOR PURPOSES OF DISCOVERY

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