Austin v. Bauer, et al

Filing 20

STIPULATION and ORDER 19 signed by Judge Frank C. Damrell, Jr on 3/15/2011 clarifying the cause of action stated in the First Amended Complaint. (Krueger, M)

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-DAD Austin v. Bauer, et al Doc. 20 1 2 3 4 5 6 7 8 9 10 JONES & DYER A Professional Corporation 1800 J Street Sacramento, California 95811 Telephone: (916) 552-5959 Fax: (916) 442-5959 MARK A. JONES, State Bar #96494 SCOTT H. CAVANAUGH, State Bar #245261 Attorneys for Defendants, Jeremy Huff and Jason Bauer IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA LONDELL AUSTIN, ) ) ) ) ) ) ) ) ) ) ) ) ) NO. 2:10-CV-02891 FCD-DAD STIPULATION AND ORDER REGARDING CAUSES OF ACTION ALLEGED IN FIRST AMENDED COMPLAINT FOR DAMAGES 11 Plaintiff, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants. _________________________________________ vs. J. BAUER, (Vallejo Police Department Star #586), J. HUFF (Vallejo Police Department Star #591), individually and in their capacities as POLICE OFFICERS for the CITY OF VALLEJO, IT IS HEREBY STIPULATED by and between the parties to this action, by and through their attorneys of record that, in the interest of judicial efficiency, the pleadings be clarified because the caption to the First Amended Complaint and the Introduction to the First Amended Complaint erroneously contain reference to pendent state law tort claims. These claims are not a part of the First Amended Complaint for Damages IT IS FURTHER STIPULATED that the only cause of action is brought pursuant to 42 U.S.C. Section 1983 against the named defendants in their individual capacities. /// /// /// /// STIPULATION AND ORDER RE FIRST AMENDED COMPLAINT -1- Dockets.Justia.com 1 2 3 Dated: March 11, 2011 LAW OFFICES OF CHE L. HASHIM By: 4 5 6 7 8 9 10 11 12 13 14 By: Dated: March 11, 2011 /s/ Che L. Hashim CHE L. HASHIM Attorney for Plaintiff Londell Austin JONES & DYER /s/ Mark A. Jones MARK A. JONES SCOTT H. CAVANAUGH Attorneys for Defendants Jeremy Huff and Jason Bauer ORDER The court, having considered the foregoing stipulation of the parties, and good cause 15 appearing therefor, the court hereby orders that the above described stipulation clarifying the cause 16 of action stated in the First Amended Complaint is adopted. 17 PURSUANT TO THE STIPULATION, IT IS SO ORDERED. 18 19 Dated: March 15, 2011 20 21 22 23 24 25 26 27 28 STIPULATION AND ORDER RE FIRST AMENDED COMPLAINT _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE -2-

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