Bock et al v. County of Sutter et al

Filing 96

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 3/27/14 ORDERING the Court, having reviewed the above stipulation of the parties and in the interests of justice and good cause appearing, hereby GRANTS the Stipulation and GRANTS Plaintiffs leave to file a Fifth Amended Complaint. The Fifth Amended Complaint, attached as Exhibit A to ECF No. 93, shall be deemed filed and served as of the date of the entry of this Order. (Becknal, R)

1 MICHAEL W. BIEN – 096891
ERNEST GALVAN – 196065
2 KATHRYN G. MANTOAN – 239649
AARON J. FISCHER – 247391
3 JENNIFER L. STARK – 267062
ROSEN BIEN GALVAN & GRUNFELD LLP
4 315 Montgomery Street, Tenth Floor
San Francisco, California 94104-1823
5 Telephone: [phone]
Facsimile: [phone]
[e-mail]
6 Email:
[e-mail]
[e-mail]
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[e-mail]
[e-mail]
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9 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

13 Estate of RODNEY LOUIS BOCK, deceased,
by and through CYNDIE DENNY BOCK, as
14 Administrator; KIMBERLY BOCK; KELLIE
BOCK; HILLARY BOCK; MORGEN BOCK;
15 LAURA LYNN BOCK; and Estate of
ROBERT BOCK,
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Plaintiffs,
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v.
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COUNTY OF SUTTER; COUNTY OF YUBA;
19 J. PAUL PARKER, Sutter County Sheriff’s
Department Sheriff; DAVID SAMSON, Sutter
20 County Jail Division Commander; NORMAN
BIDWELL, Sutter County Jail Corrections
21 Lieutenant; JOHN S. ZIL; CHRISTOPHER
BARNETT; BOBBY JOE LITTLE; DAVID
22 CALAPINI; SHAUN FLIEHMAN; RAINBOW
CRANE; KATY MULLIN; DONICE
23 MCGINNIS; LEWIS MCELFRESH;
BALJINDER RAI; and Does I through XL,
24 inclusive,
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Case No. 2:11-cv-00536-MCE-KJN
STIPULATION AND ORDER FOR
FILING OF FIFTH AMENDED
COMPLAINT
Judge: Hon. Morrison C. England, Jr.

Defendants.

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STIPULATION AND ORDER FOR FILING OF FIFTH AMENDED COMPLAINT

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STIPULATION

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IT IS HEREBY STIPULATED, pursuant to Federal Rules of Civil Procedure

3 15(a)(2) and 16, and Eastern District Local Rule 220, by and between the parties hereto
4 through their respective attorneys of record, that Plaintiffs may file the Fifth Amended
5 Complaint, a copy of which is attached hereto as Exhibit A;
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Federal Rule of Civil Procedure 16 requires the district court to enter a scheduling

7 order in each case that, inter alia, “limit[s] the time to . . . amend the pleadings.” Fed. R.
8 Civ. P. 16(b)(3)(A). The operative scheduling order for this case, which was entered on
9 March 28, 2013, authorized further future amendment of the pleadings with leave of Court
10 where good cause is shown. See Pretrial Scheduling Order, Dkt. No. 69 at 2; accord Fed.
11 R. Civ. P. 16(b)(4). “Rule 16(b)’s ‘good cause’ standard primarily considers the diligence
12 of the party seeking the amendment,” and permits the district court to modify the
13 scheduling order “if it cannot reasonably be met despite the diligence of the party seeking
14 the extension.” Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992)
15 (quoting Fed. R. Civ. P. 16 Advisory Committee’s notes (1983 amendment)). Rule
16 15(a)(2) of the Federal Rules of Civil Procedure permits amendments to a pleading before
17 trial with the opposing party’s written consent or leave of the court, and instructs that
18 “[t]he court should freely give leave when justice so requires.” Fed. R. Civ. P. 15(a)(2).
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IT IS STIPULATED that good cause exists to amend the complaint to conform the

20 pleadings to proof and evidence developed in discovery, and for purposes of efficiency and
21 clarity in reaching a final disposition in this matter. By entering into this stipulation,
22 Defendants do not admit any of the allegations in the Fifth Amended Complaint.
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IT IS FURTHER STIPULATED that each and every one of the defendants named

24 in the Fifth Amended Complaint (collectively, “Defendants”) waive notice and service of
25 the Fifth Amended Complaint and shall not be required to answer the amendment.
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IT IS FURTHER STIPULATED that Defendants’ denials, responses, and

27 affirmative defenses contained in each respective Answer to the Fourth Amended
28 Complaint shall be deemed responsive to the Fifth Amended Complaint.
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STIPULATION AND ORDER FOR FILING OF FIFTH AMENDED COMPLAINT

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Accordingly, the parties respectfully request that, in the interests of justice and good

2 cause appearing, the Court enter an order permitting Plaintiffs to file the Fifth Amended
3 Complaint lodged herewith.
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IT IS SO STIPULATED.

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6 DATED: March 26, 2014

Respectfully submitted,

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ROSEN BIEN GALVAN & GRUNFELD LLP

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By: /s/ Aaron J. Fischer
Aaron J. Fischer

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Attorneys for Plaintiffs
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STIPULATION AND ORDER FOR FILING OF FIFTH AMENDED COMPLAINT

1 DATED: March 26, 2014

PORTER SCOTT

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By: /s/ John R. Whitefleet (authorized on 3/24/14)
John R. Whitefleet

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Attorneys for Defendants

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ORDER
The Court, having reviewed the above stipulation of the parties and in the interests
of justice and good cause appearing, hereby GRANTS the Stipulation and GRANTS
Plaintiffs leave to file a Fifth Amended Complaint. The Fifth Amended Complaint,
attached as Exhibit A to ECF No. 93, shall be deemed filed and served as of the date of the
entry of this Order.
IT IS SO ORDERED.
Dated: March 27, 2014

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STIPULATION AND ORDER FOR FILING OF FIFTH AMENDED COMPLAINT