Castaneda v. City of Bakersfield et al

Filing 34

ORDER on 33 Stipulation Granting Plaintiff Leave to File Second Amended Complaint, signed by Magistrate Judge Christopher D. Baker on 7/9/2024. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LUIS E. CASTANEDA, 12 Plaintiff, 13 14 v. CITY OF BAKERSFIELD, et al., 15 Defendants. Case No. 1:23-cv-00068-KES-CDB ORDER ON STIPULATION GRANTING PLAINTIFF LEAVE TO FILE SECOND AMENDED COMPLAINT (Doc. 33) 7-Day Deadline 16 On October 7, 2022, Plaintiff Luis E. Castaneda (“Plaintiff”), a minor proceeding by and 17 18 through his guardian ad litem, Sonia Dimas, initiated this action with the filing of a complaint 19 against Defendants City of Bakersfield, Bakersfield Police Department, Brockett Mueller, 20 Brendan Thebeau, Reagan Selman, and Joseph Armjio (“Defendants”) in the Kern County 21 Superior Court. (Doc. 2).1 On January 13, 2023, Defendants removed the action to this Court. 22 Id. On February 9, 2024, Plaintiff filed a first amended complaint. (Doc. 20). Pending before the Court is the parties’ stipulated request for order granting Plaintiff leave 23 24 to file second amended complaint removing the Bakersfield Police Department as a named 25 Defendant, dismissing the doe defendants, and dismissing particular causes of action. See (Doc. 26 33). 27 28 1 On May 9, 2024, the parties stipulated to the dismissal of Defendants Reagan Selman and Joseph Armijo with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). (Docs. 27, 32). 1 2 3 4 5 6 7 8 9 In light of the parties’ representations and good cause appearing, IT IS HEREBY ORDERED: 1. No later than July 16, 2024, Plaintiff SHALL FILE as a stand-alone docket entry the second amended complaint proposed in the parties’ stipulation (id.); and 2. Defendants shall respond to the second amended complaint within seven (7) days of its filing (see Fed. R. Civ. P. 15(a)(3)). IT IS SO ORDERED. Dated: July 9, 2024 ___________________ _ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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