Webb v. Trinity et al

Filing 23

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 05/07/10 ORDERING that dfts' 8 Motion to Dismiss is GRANTED w/o prejudice as to the First Amended Complaint in its entirety. Plaintiff is GRANTED leave tofile and serve a Second Amended Complaint w/i 30 days. The 05/24/10 hearing is VACATED. (Benson, A.)

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CAROLEE G. KILDUFF, ESQ., SB No. 107232 JOHN A. WHITESIDES, ESQ., SB No. 125611 ANGELO, KILDAY & KILDUFF Attorneys at Law 601 University Avenue, Suite 150 Sacramento, CA 95825
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Attorneys for Defendants COUNTY OF TRINITY, LINDA WRIGHT, LAURIE SUMNER and ELIZABETH HAMILTON UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA BARBARA WEBB, ) ) Plaintiff, ) ) vs. ) ) COUNTY OF TRINITY, LINDA WRIGHT, ) LAURIE SUMNER, ELIZABETH ) HAMILTON, and DOES 1 through 50, ) inclusive, ) ) Defendants. ) ______________________________________ ) Case No.: 10-CV-00012-LKK-CMK STIPULATION TO GRANT DEFENDANTS' MOTION TO DISMISS AND FILING OF SECOND AMENDED COMPLAINT; ORDER Date: May 24, 2010 Time: 10:00 a.m. Courtroom: 4 Honorable: Lawrence K. Karlton

IT IS STIPULATED by and between the parties hereto through their respective counsel that: (1) the motion to dismiss by Defendants COUNTY OF TRINITY, LINDA WRIGHT, LAURIE SUMNER, and ELIZABETH HAMILTON, presently on calendar for hearing on May 24, 2010, be granted in full with leave to amend as to all claims for relief; (2) filing and service of Plaintiff's Second Amended Complaint is be due no later than thirty (30) days from service of the Court's Order pursuant to this stipulation; and (3) by virtue of this stipulation, neither side waives any substantive claim or defense with respect to such Second Amended Complaint.

/// -1STIPULATION TO GRANT DEFENDANTS' MOTION TO DISMISS AND FILING OF SECOND AMENDED COMPLAINT; [PROPOSED] ORDER

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Dated: May 7, 2010

ANGELO, KILDAY & KILDUFF /s/ Carolee G. Kilduff By:_________________________________ CAROLEE G. KILDUFF JOHN A. WHITESIDES Attorneys for Defendants COUNTY OF TRINITY, LINDA WRIGHT, LAURIE SUMNER, and ELIZABETH HAMILTON

Dated: May 7, 2010

LAW OFFICE OF ERIC OMSTEAD /s/ Eric Omstead By:_________________________________ ERIC OMSTEAD Attorneys for Plaintiff BARBARA WEBB

ORDER GOOD CAUSE APPEARING THEREFOR, Defendants' Motion to Dismiss is granted without prejudice as to the First Amended Complaint in its entirety. Plaintiff is granted leave to file and serve a Second Amended Complaint no later than thirty days from service of this Order. The hearing set for May 24, 2010 is vacated.

DATED: May 7, 2010.

-2STIPULATION TO GRANT DEFENDANTS' MOTION TO DISMISS AND FILING OF SECOND AMENDED COMPLAINT; [PROPOSED] ORDER

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