Wagner et al v. City of Stockton Police Department, et al

Filing 7

STIPULATION and ORDER 6 for extension of time signed by Judge Garland E. Burrell, Jr. on 11/9/2011. Defendants shall have until 21 days after service of service of Amended Complaint to plead. The First Amended Complaint shall be filed within 15 days from Court's approval of Stipulation. (Marciel, M)

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1 2 3 4 5 6 JOHN M. LUEBBERKE, City Attorney State Bar No. 164893 NEAL C. LUTTERMAN, Deputy City Attorney State Bar No. 174681 425 N. El Dorado Street, Second Floor Stockton, California 95202 Telephone: (209) 937-8333 Facsimile: (209) 937-8898 Attorneys for Defendants 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 THOMAS WAGNER TAMMY WAGNER, ) ) ) Plaintiff, ) ) vs. ) ) CITY OF STOCKTON POLICE ) DEPARTMENT, a municipal ) Corporation; ) BLAIR ULRING, in his capacity ) Of chief of police for ) CITY OF STOCKTON; ) MARK BERG (Stockton Police ) Department Star #1395); ) JEFFERY TACAZON (Stockton ) Police Department Star #1395);) MICHELLE GUTHRIE (Stockton ) Police DEPARTMENT Star #1524);) DOES 1-20 inclusive, ) individually and in their ) capacities as POLICE OFFICERS ) For the CITY OF STOCKTON; ) ) Defendants. ) ) 24 WHEREAS, Plaintiffs CASE NO. 2:11-CV-02490-GEB-EFB STIPULATION TO EXTEND TIME TO PLEAD TO COMPLAINT AND TO ALLOW FILING OF FIRST AMENDED COMPLAINT; ORDER Thomas Wagner and Tammy Wagner 25 (“Plaintiffs”) intend to file a First Amended Complaint to name 26 the 27 Stockton Police Department”) as a defendant in this matter; and 28 /// City of Stockton (sued erroneously 1 STIPULATION AND ORDER herein as “City of 1 WHEREAS, Plaintiffs intend to amend the Complaint to further 2 clarify that Blair Ulring, Chief of Police for the Stockton 3 Police Department, will be named as a defendant in his official 4 capacity only, 5 THE PARTIES HEREBY STIPULATE AND AGREE, by and through their 6 counsel of record, that all defendants shall have an extension of 7 time 8 service of the First Amended Complaint upon the defendants; and 9 to THE plead to PARTIES the Amended FURTHER Complaint STIPULATE AND until AGREE 21 that days the after First 10 Amended Complaint shall be filed within 15 days from the Court's 11 approval of this stipulation. 12 Dated: November 8, 2011 13 BY: /s/ Che L. Hashim CHE L. HASHIM Attorney for Plaintiffs THOMAS WAGNER and TAMMY WAGNER 14 15 16 Dated: November 8, 2011 17 JOHN M. LUEBBERKE CITY ATTORNEY BY /s/ Neal C. Lutterman NEAL C. LUTTERMAN DEPUTY CITY ATTORNEY 18 19 Attorneys for Defendants 20 21 ORDER 22 23 LAW OFFICE OF CHE L. HASHIM IT IS SO ORDERED. Date: 11/9/2011 24 _________________________ GARLAND E. BURRELL, JR. United States District Judge 25 26 27 DEAC_Signature-END: 61khh4bb 28 2 STIPULATION AND ORDER

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