Blake v. City of Sacramento et al

Filing 38

ORDER signed by Senior Judge William B. Shubb on 1/24/14: Plaintiff is granted leave to file the Second Amended Complaint. Plaintiff may join Ronald Chesterman as a Defendant in this action. (Kaminski, H)

JOHN C. MILLER, JR., #143323
MILLER LAW, INC.
A Professional Law Corporation
MAILING ADDRESS:
Post Office Box 700
Folsom, California 95763-0700
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
STEVE BLAKE, individually and as
Successor-in-Interest to Carl Blake, deceased,
Plaintiff,
v.
CITY OF SACRAMENTO;
SACRAMENTO POLICE DEPARTMENT;
RICK BRAZIEL, in in his official capacity as
chief of police for the City of Sacramento and
the Sacramento Police Department;
DOE OFFICER NUMBER 1, individually
and in his official capacity as a police officer
for the City of Sacramento and the
Sacramento Police Department;
DOE OFFICER NUMBER 2, individually
and in his official capacity as a police officer
for the City of Sacramento and the
Sacramento Police Department;
DOE OFFICER NUMBER 3, individually
and in his official capacity as a police officer
for the City of Sacramento and the
Sacramento Police Department;
DOE OFFICER NUMBER 4, individually
and in his official capacity as a police officer
for the City of Sacramento and the
Sacramento Police Department;
DOE OFFICER NUMBER 5, individually
and in his official capacity as a police officer
for the City of Sacramento and the
Sacramento Police Department;
DOES 6 – 50, inclusive, individually and in
their official capacities as police officers for
the City of Sacramento and the Sacramento
Police Department,
Defendants.

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CASE NO. 2:12-cv-2061 WBS

ORDER GRANTING PLAINTIFF LEAVE
TO FILE THE SECOND AMENDED
COMPLAINT AND TO JOIN RONALD
CHESTERMAN AS A DEFENDANT

Page 1
ORDER GRANTING PLAINTIFF LEAVE TO FILE THE
SECOND AMENDED COMPLAINT AND TO JOIN RONALD CHESTERMAN AS A DEFENDANT
C:\CAED\iFolder\DSHU2\inBOX\Signed\12cv2061 Blake - Order Upon Stip to File Second AC.docx

_____________________________________
The Court, having considered Plaintiff Steve Blake and Defendants City of Sacramento
and Rick Braziel's Stipulation to grant Plaintiff leave to file the Second Amended Complaint and
to join Ronald Chesterman as a Defendant, and good cause appearing therefore, the Court
HEREBY ORDERS as follows:
1.

Plaintiff is granted leave to file the Second Amended Complaint.

2.

Plaintiff may join Ronald Chesterman as a Defendant in this action.

Dated: January 24, 2014

Page 2
ORDER GRANTING PLAINTIFF LEAVE TO FILE THE
SECOND AMENDED COMPLAINT AND TO JOIN RONALD CHESTERMAN AS A DEFENDANT
C:\CAED\iFolder\DSHU2\inBOX\Signed\12cv2061 Blake - Order Upon Stip to File Second AC.docx

UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA
BLAKE v. CITY OF SACRAMENTO, et al.; Case No. 2:12-cv-2061

PROOF OF SERVICE
CODE OF CIVIL PROCEDURE
SECTIONS 1013, SUBDIVISION (a) AND 2015.5

I am a citizen of the United States and am employed in the County of Sacramento. I am
over the age of 18 years and not a party to the within cause; my business address is Miller Law,
Inc., 49 B Natoma Street, Folsom, CA 95630 (Mailing Address: P.O. Box 700, Folsom,
California 95763-0700).
On the date below, I served the within ORDER GRANTING PLAINTIFF LEAVE TO
FILE THE SECOND AMENDED COMPLAINT AND TO JOIN RONALD
CHESTERMAN AS A DEFENDANT on the parties in this cause, by placing for collection,
process and deposit a true copy thereof enclosed in this action as follows:

SEE SERVICE LIST
☒

BY MAIL: By placing a true copy thereof enclosed in a sealed envelope(s) addressed in the service list,
and placing each for collection and mailing on that date following the ordinary course of business practices.
I am readily familiar with this business’s practice for the collecting and processing correspondence for
mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the
ordinary course of business with the U.S. Postal Service in Folsom, California, in a sealed envelope with
postage fully prepaid.

☐

BY OVERNIGHT DELIVERY: I enclosed the documents in an envelope or package provided by an
overnight delivery carrier and addressed as above. I placed the envelope or package for collection and
overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier.

☐

BY FACSIMILE: Based on an agreement of the parties to accept service by fax transmission, I faxed the
documents to the person at the fax numbers listed on the service list. The telephone number of the sending
facsimile machine was [phone]. The sending facsimile machine issued a transmission report
confirming that the transmission was complete and without error. A copy of that report is attached.

☐

BY EMAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an agreement of the
parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the
persons at the e-mail addresses listed in the service list. I did not receive, within a reasonable time after the
transmission, any electronic message other than indication that the transmission was unsuccessful.

☐

PERSONAL SERVICE: I personally delivered the document(s) listed above to the party(ies) or person(s)
listed above and/or authorized to accept service on their behalf.

☒

FEDERAL: I declare that I am employed in the office of a member of the bar of this
Court at whose direction the service was made. I declare under the penalty of perjury
under the laws of the United States of America that the foregoing is true and correct.
Page 3
ORDER GRANTING PLAINTIFF LEAVE TO FILE THE
SECOND AMENDED COMPLAINT AND TO JOIN RONALD CHESTERMAN AS A DEFENDANT
C:\CAED\iFolder\DSHU2\inBOX\Signed\12cv2061 Blake - Order Upon Stip to File Second AC.docx

Executed on January 23, 2014 at Folsom, CA

________________________________________
Jeanne Hutton

Page 4
ORDER GRANTING PLAINTIFF LEAVE TO FILE THE
SECOND AMENDED COMPLAINT AND TO JOIN RONALD CHESTERMAN AS A DEFENDANT
C:\CAED\iFolder\DSHU2\inBOX\Signed\12cv2061 Blake - Order Upon Stip to File Second AC.docx

UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA
BLAKE v. CITY OF SACRAMENTO, et al.; Case No. 2:12-cv-2061

SERVICE LIST
ATTORNEYS FOR DEFENDANTS CITY OF
SACRAMENTO and RICK BRAZIEL:
James Sanchez, City Attorney
Sean D. Richmond, Sr. Deputy City Attorney
CITY OF SACRAMENTO
915 I Street, Room 4010
Sacramento, CA 95814
PH: [phone]; FAX: [phone]
Email: [e-mail]
[e-mail]

Page 5
ORDER GRANTING PLAINTIFF LEAVE TO FILE THE
SECOND AMENDED COMPLAINT AND TO JOIN RONALD CHESTERMAN AS A DEFENDANT
C:\CAED\iFolder\DSHU2\inBOX\Signed\12cv2061 Blake - Order Upon Stip to File Second AC.docx