Lemire et al v. State of California et al

Filing 55

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 10/26/09 ORDERING that Plaintiffs are allowed to file the Third Amended Complaint provided that it is filed no later than three days within the date on which this order is filed. Further, Defendants have thirty days from the day the Third Amended Complaint is filed to file their response.(Mena-Sanchez, L)

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Geri Lynn Green, (State Bar No. 127709) L AW OFFICES OF GERI LYNN GREENLC A Law Corporation 155 Montgomery Street, Suite #901 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiffs SHERIE LEMIRE individually and as personal representative for the ESTATE OF ROBERT ST. JOVITE; GERARD CHARLES ST. JOVITE and NICOLE ST. JOVITE EDM UND G. BROWN JR. Attorney General of the State of California EDM UND G. BROWN JR. Attorney General of California DAV ID A. CARRASCO Supervising Deputy Attorney General DIA NA ESQUIVEL, State Bar No. 202954 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Defendants Alcaraz, Cahoon, California Department of Corrections and Rehabilitation, Carey, Chua, Dusay, Hak, Hicks, Holliday, LaBonte, Martinez, Nuehring, Noriega, Orrick, Schwarzenegger, Sisto, Soliz, Tilton, Traquina, Wade, and Wong IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA S A CRAM E N T O DIVISION SH ERIE LEMIRE individually and as personal representative for the ESTATE OF ROBERT ST. JOVITE; GERARD CHARLES ST. JOVITE and NICOLE ST. JOVITE P l a i n t i ff s , vs. ARN OLD SCHWARZENEGGER, et al. ) ) ) ) ) ) ) ) ) ) Case No. 2:08-CV-00455-GEB-EFB ST IPU LA T IO N AND [PROPOSED] ORDER TO FILE THIRD A M E N D E D COMPLAINT

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Case No. 2:08-CV-00455-GEB-EFB STIPULATION AND [PROPOSED] ORDER TO FILE THIRD AMEND COMPLAINT

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Defendants. _______________________________________

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Pursuant to Local Rule 83-143 the parties stipulate as follows: Pursuant to Stipulation, Plaintiffs amended their complaint on January 1, 2009. Since

5 that time, plaintiffs have served all those defendants they have named except, Defendants 6 7 8 defendants, merely to clarify the alleged involvement of the already named defendants. As a Thor, Hill and Harris. The Third Amended Complaint does not seek to add any new

9 result, plaintiffs in this Third Amended Complaint seek only to remove those unserved 10 defendants from the complaint and clarify those parties alleged to have committed acts in 11 12 13 14 in order to properly clarify the parties. The parties further agree that Defendants will have thirty days from the day the Third Count 1. Accordingly, the parties agree to allow Plaintiffs to file a Third Amended Complaint

15 Amended Complaint is filed to file their response. 16 17 18 19 Dated: October 21, 2009 20 21 22 23 24 Dated: October 21, 2009 25 26 27 28 Respectfully submitted, LAW OFFICES OF GERI LYNN GREENLC By: /S/ Geri Lynn Green Geri Lynn Green (State Bar No. 127709) Attorneys for Plaintiffs OFFICE OF THE ATTORNEY GENERAL By: /S/ Diana Esquivel Attorney for Defendants IT IS SO STIPULATED.

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O rder Plaintiffs are allowed to file the Third Amended Complaint provided that it is filed no later than three days within the date on which this order is filed. Further, Defendants have thirty days from the day the Third Amended Complaint is filed to file their response.

6 IT IS SO ORDERED. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 2:08-CV-00455-GEB-EFB STIPULATION AND [PROPOSED] ORDER TO FILE THIRD AMEND COMPLAINT GARLAND E. BURRELL, JR. United States District Judge Dated: October 26, 2009