Jaquez, Jr. v. County of Sacramento et al

Filing 21

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 10/19/10: Defendants' Motion to Dismiss is DENIED as moot and Plaintiff may file an amended complaint. The October 28, 2010 hearing date is vacated. The Court's order to file a Joint Status Report on or before November 5, 2010 stands. (Kaminski, H)

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RANDOLPH CREGGER & CHALFANT LLP ROBERT L. CHALFANT, SBN 203051 WENDY MOTOOKA, SBN 233589 1030 G Street Sacramento, CA 95814 Telephone [phone] Attorneys for Defendants COUNTY OF SACRAMENTO, JOHN McGINNESS, ERIC MANESS, JAMIE LEWIS, ANNMARIE BOYLAN and CINDY PETERSON LAW OFFICE OF STEWART KATZ STEWART KATZ, SBN 127425 GUY DANILOWITZ, SBN 257733 555 University Avenue, Suite 270 Sacramento, California 95825 Telephone: [phone] Attorneys for Plaintiff RICHARD JAQUEZ, JR., UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

RICHARD JAQUEZ, JR., Plaintiff, vs. COUNTY OF SACRAMENTO; Sacramento County Sheriff JOHN MCGINNESS; Sacramento County Main Jail Commander ERIC MANESS; Sacramento County Sheriff's Department Chief of Correctional and Court Services JAMIE LEWIS; Chief of Correctional Health Services for Sacramento County, ANNMARIE BOYLAN; Sacramento County Correctional Services Nurse CINDY PETERSON, RN; and DOES 1 through 30, inclusive, Defendants. _________________________________/

NO. 2:10-cv-01040 MCE DAD STIPULATION TO ALLOW PLAINTIFF TO FILE FIRST AMENDED COMPLAINT, TO WITHDRAW DEFENDANTS' PENDING MOTION TO DISMISS, AND TO VACATE THE HEARING DATE OF OCTOBER 28, 2010; ORDER THEREON

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IT IS HEREBY STIPULATED by the parties through their counsel of record as follows: 1. Subject to the approval of the Court, the parties stipulate that Plaintiff may file the attached First Amended Complaint; 2. Whereupon Defendants withdraw their pending Motion to Dismiss as moot, and request that the Court vacate the hearing date of October 28, 2010, at 2:00 p.m. in Courtroom 7; and 3. Defendants shall have 14 days to respond to the filed First Amended Complaint, either by answer or motion. The reason for the parties' requests is that after reviewing Defendants' Motion to Dismiss, Plaintiff recognized that some of Defendants' arguments had merit and that some parts of the Complaint were not properly framed. Plaintiff's First Amended Complaint substantially narrows the areas of disagreement between the parties. To the extent that areas of disagreement remain, some of these have been reframed and so are not directly addressed by Defendants' motion. As a result, the parties believe that it would not be an efficient use of judicial resources for the parties to brief and the Court to rule on Defendants' present motion, significant portions of which would be rendered moot by the filing of the First Amended Complaint.

IT IS SO STIPULATED. Dated: October 14, 2010 LAW OFFICE OF STEWART KATZ /s/ Stewart Katz STEWART KATZ, Attorney for Plaintiff Dated: October 14, 2010 RANDOLPH CREGGER & CHALFANT LLP /s/_Robert L. Chalfant_______ ROBERT L. CHALFANT Attorneys for Defendants COUNTY OF SACRAMENTO, JOHN McGINNESS, ERIC MANESS, JAMIE LEWIS, ANNMARIE BOYLAN and CINDY PETERSON

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ORDER In light of the above Stipulation, Defendants' Motion to Dismiss is DENIED as moot and Plaintiff may file an amended complaint. The October 28, 2010 hearing date is vacated. The Court's order to file a Joint Status Report on or before November 5, 2010 stands. IT IS SO ORDERED. DATED: October 19, 2010 __________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE

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