Walter W. Wells et al v. County of Stanislaus et al
Filing
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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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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
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
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BALJIT ATHWAL, et al.,
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Plaintiffs,
v.
CASE NO. 1:15-cv-00311-TLN-BAM
STIPULATION AND ORDER TO
CONSOLIDATE FOR PURPOSES OF
DISCOVERY
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COUNTY OF STANISLAUS, et al.,
Defendants.
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GEORGIA DEFILIPPO, et al.,
CASE NO. 1:18-cv-00496-TLN-BAM
Plaintiffs,
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v.
COUNTY OF STANISLAUS, et al.,
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Defendants.
___________________________________/
EDUARDO QUINTANAR, JR.
CASE NO. 1:18-cv-01403-TLN-BAM
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Plaintiff,
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v.
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COUNTY OF STANISLAUS, et al.,
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Defendants.
___________________________________/
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STIPULATION TO CONSOLIDATE FOR PURPOSES OF DISCOVERY
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FRANK CARSON,
CASE NO. 1:20-cv-00747-TLN-BAM
Plaintiff,
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v.
COUNTY OF STANISLAUS, et al.,
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Defendants.
___________________________________/
WALTER W. WELLS, et al.,
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CASE NO. 1:20-cv-00770-TLN-BAM
Plaintiffs,
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v.
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COUNTY OF STANISLAUS, et al.,
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Defendants.
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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.
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On February 26, 2015, Plaintiffs Baljit Athwal, Navneet Athwal and Daljit Atwal filed the First-
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Filed Action against the County of Stanislaus, City of Turlock, City of Modesto, City of Ceres, the
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Stanislaus County Office of the District Attorney, Kirk Bunch, Jon Evers, Timothy Redd, Dale
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Lingerfelt, Steve Jacobson, Birgit Fladager, Galen Carroll, and Paul Edward Jones, asserting
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constitutional violations during Defendants’ investigation of the murder of Korey Kauffman, including
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their arrest pursuant to warrant.
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proceedings. Following an acquittal on June 28, 2019, the stay was lifted and on September 26, 2019,
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plaintiffs sought leave to amend to add malicious prosecution claims, and that motion was granted in
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Document 85, on July 28, 2020.
The matter was stayed pending the resolution of the criminal
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On April 10, 2018, Plaintiffs Georgia DeFilippo and Christina DeFilippo filed an action against
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the County of Stanislaus, City of Turlock, City of Modesto, City of Ceres, Birgit Fladager, Marlissa
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STIPULATION TO CONSOLIDATE FOR PURPOSES OF DISCOVERY
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Ferreira, Kirk Bunch, Steve Jacobson, Dale Lingerfelt, Froilan Mariscal, Llloyd MacKinnon, Jon Evers,
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Derek Perry, Cory Brown, Greg Jones, Timothy Redd, Kenneth Barringer and Frank Navarro, asserting
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constitutional violations as arising from investigation of the murder of Korey Kauffman, including their
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arrest pursuant to warrant, and malicious prosecution following the dismissal of the charges against
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them. This case was stayed pending resolution of the criminal charges against others, which was lifted
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following acquittals in June 2019. On May 21, 2020, Plaintiffs were granted leave to amend, and a First
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Amended Complaint was filed. Defendants have moved to dismiss which is pending.
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On October 11, 2018, Plaintiff Eduardo Quintanar Jr, filed an action against County of
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Stanislaus, City of Modesto, Birgit Fladager, Marlissa Ferreira, Kirk Bunch, Steve Jacobson, Cory
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Brown, and Jon Evers asserting constitutional violations as arising from investigation of the murder of
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Korey Kauffman, including his arrest pursuant to warrant, and malicious prosecution following the
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dismissal of the charges against him. This case was stayed pending resolution of the criminal charges
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against others, which was lifted following acquittals in June 2019.
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Complaint and in response, Plaintiffs filed a First Amended Complaint on May 18, 2020. Defendants
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have filed a motion to dismiss which is currently pending.
Defendants moved to dismiss the
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On May 28, 2020, Plaintiff Frank Carson filed an action against County of Stanislaus, City of
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Modesto, City of Ceres, Birgit Fladager, Marlissa Ferreira, David Harris, Kirk Bunch, Steve Jacobson,
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Jon Evers, Derek Perry and Cory Brown, asserting constitutional violations as arising from investigation
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of the murder of Korey Kauffman, including his arrest pursuant to warrant, and malicious prosecution
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following the acquittal of the charges against him. Defendants have moved to dismiss which is pending.
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On May 29, 2020, Plaintiffs Walter Wells and Scott McFarlane filed an action against County of
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Stanislaus, City of Modesto, City of Ceres, the Stanislaus Office of District Attorney, Birgit Fladager,
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Kirk Bunch, Steve Jacobson, Jon Evers, Dale Lingerfelt, Derek Perry and Cory Brown, asserting
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constitutional violations as arising from investigation of the murder of Korey Kauffman, including his
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arrest pursuant to warrant, and malicious prosecution following the dismissal of the charges against
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them. Defendants have moved to dismiss which is pending.
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STIPULATION TO CONSOLIDATE FOR PURPOSES OF DISCOVERY
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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
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By
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/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
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Attorneys for Plaintiffs
WALTER WELLS and
SCOTT McFARLANE
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Dated: November 13, 2020
GWILLIAM, IVARY, CHIOSSO, CAVALLI & BREWER
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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
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Attorneys for Plaintiff
EDUARDO QUINTANAR, JR.
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STIPULATION TO CONSOLIDATE FOR PURPOSES OF DISCOVERY
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Dated: November 13, 2020
ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP
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By
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/s/ Patrick Moriarty (authorized on 11-13-2020)
Patrick Moriarty
Attorneys for Defendants
CITY OF MODESTO, CHIEF GALEN
CARROLL and DETECTIVE JON EVERS
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Dated: November 13, 2020
ARATA SWINGLE VAN EDMOND & HEITLINGER
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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
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Dated: November 13, 2020
NUSSBAUM APC
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By /s/ T. J. Stephens authorized on 11-13-2020)
T.J. Stephens
Attorneys for Defendant
PAUL EDWARD JONES
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Dated: November 13, 2020
PORTER SCOTT
A PROFESSIONAL CORPORATION
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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
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STIPULATION TO CONSOLIDATE FOR PURPOSES OF DISCOVERY
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PURSUANT TO STIPULATION, these matters are consolidated for purposes of discovery.
Dated: November 13, 2020
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Troy L. Nunley
United States District Judge
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STIPULATION TO CONSOLIDATE FOR PURPOSES OF DISCOVERY
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