Carson v. County of Stanislaus et al

Filing 25

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 11/19/2020 ORDERING that Plaintiff will file an amended Complaint, and that the pending 13 , 16 Motions to Dismiss are OFF CALENDAR. Defendants' Responses will be due 30 days from the filing of the First Amended Complaint. (Huang, H)

1 J. Gary Gwilliam, Esq. (State Bar No. 33430)
Randall E. Strauss, Esq. (State Bar No. 168363)
2 Jayme L. Walker, Esq. (State Bar No. 273159)
3 GWILLIAM, IVARY, CHIOSSO, CAVALLI & BREWER
1999 Harrison Street, Suite 1600
4 Oakland, CA 94612-3528
Telephone: [phone]
5 Facsimile: [phone]
Email: [e-mail]; [e-mail]; [e-mail]
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7 Attorneys for Plaintiff
FRANK CARSON
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 FRANK CARSON,

Case No. 1:20-CV-00747-TLN-BAM

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STIPULATION AND ORDER TO FILE
AMENDED COMPLAINT

Plaintiffs,

13 vs.
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COUNTY OF STANISLAUS, CITY OF
15 MODESTO, BIRGIT FLADAGER,
MARLISSA FERREIRA, DAVID HARRIS;
16 KIRK BUNCH, STEVE JACOBSON, JON
EVERS, CORY BROWN, and DOES 1-25,
17 inclusive,
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Defendants.

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STIP. AND ORDER TO FILE AMENDED
COMPLAINT

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CASE NO. 1:20-CV-00747-TLN-BAM

Plaintiff FRANK CARSON (“Plaintiff”) and defendants COUNTY OF STANISLAUS

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2 BIRGIT FLADAGER, MARLISSA FERREIRA, DAVID HARRIS; KIRK BUNCH, STEVE
3 JACOBSON, and CORY BROWN as well as DEFENDANTS CITY OF MODESTO AND JON
4 EVERS (“Defendants”) through their respective counsel, hereby agree and stipulate as follows:
1.

WHEREAS Plaintiff filed the complaint [Document 1] in this action on May 28,

2.

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WHEREAS Plaintiff Defendants County of Stanislaus, Birgit Fladager, Marlissa

6 2020.
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8 Ferreira, David Harris, Kirk Bunch, Steve Jacobson, and Cory Brown filed a Motion to Dismiss
9 Plaintiff’s Complaint [Document 13] on September 1, 2020. The hearing date for the motion is
10 set for December 3, 2020 at 2:00 p.m. in Courtroom 2 (TLN) before District Judge Troy L.
11 Nunley.
3.

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WHEREAS Defendants City of Modesto and Jon Evers filed a Rule(b)(6) Motion

13 to Dismiss the First Amended Complaint (incorrectly titled) [Document 16] on September 29,
14 2020. The hearing date for the motion is set for December 3, 2020 at 2:00 p.m. in Courtroom 2
15 (TLN) before District Judge Troy L. Nunley.
4.

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WHEREAS, PLAINTIFF FRANK CARSON died on August 12, 2020 and his

17 Estate was formed and will continue this action and other causes of action were either abated by
18 reason of Mr. Carson’s death or arose by reason of Mr. Carson’s death, the parties hereby
19 stipulate the filing of this amended Complaint with Defendants reserving all objections to the
20 sufficiency of the allegations.
5.

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All parties agree that the pending Motions to Dismiss are off calendar.

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STIP. AND ORDER TO FILE AMENDED
COMPLAINT

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CASE NO. 1:20-CV-00747-TLN-BAM

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6.

Defendants’ Responses will be due 30 days from the filing of the First Amended

2 Complaint.
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4 DATE: November 19, 2020

GWILLIAM, IVARY, CHIOSSO, CAVALLI & BREWER

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/s/ Jayme L. Walker
J. Gary Gwilliam
Randall E. Strauss
Jayme L. Walker
Attorneys for Plaintiff
FRANK CARSON

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10 DATE: November 19, 2020
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PORTER SCOTT
A PROFESSIONAL CORPORATION

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/s/ John R. Whitefleet (authorized on 11/19/20)
John R. Whitefleet
Attorneys for Defendants
COUNTY OF STANISLAUS, BIRGIT FLADAGER,
MARLISSA FERRIERA, DAVID HARRIS, KIRK
BUNCH, STEVE JACOBSEN, CORY BROWN

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18 DATE: November 19, 2020

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

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/s/ Patrick Moriarty (authorized on 11/19/20)
Patrick Moriarty
Attorneys for Defendants
CITY OF MODESTO AND JON EVERS

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STIP. AND ORDER TO FILE AMENDED
COMPLAINT

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CASE NO. 1:20-CV-00747-TLN-BAM

ORDER

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IT IS SO ORDERED.

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1.

Pursuant to the Parties’ stipulation, Plaintiff will file an amended Complaint in the

4 above captioned action.
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2.

The pending Motions to Dismiss are off calendar.

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3.

Defendants’ Responses will be due 30 days from the filing of the First Amended

7 Complaint.
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9 Dated: November 19, 2020
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Troy L. Nunley
United States District Judge

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STIP. AND ORDER TO FILE AMENDED
COMPLAINT

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CASE NO. 1:20-CV-00747-TLN-BAM