Jones et al v. California Department of Corrections and Rehabilitation et al

Filing 23

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 3/19/13 GRANTING leave for plaintiffs to file a First Amended Complaint. IT IS FURTHER ORDERED that 19 Motion to Dismiss is WITHDRAWN and the hearing is VACATED; and IT IS F URTHER ORDERED that plaintiff shall file the First Amended Complaint within 5 calendar days of the Court's Order permitting such filing and that defendants' responsive pleading thereto shall be filed within 30 days after the filing of the First Amended Complaint. (Meuleman, A)

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LANNY M. TRON (SBN 135339); [e-mail]
TERRY L. TRON (SBN 151151); [e-mail]
MARK PACHOWICZ (SBN 138108); [e-mail]
TRON & TRON
771 Daily Drive, Suite 230
Camarillo, CA 93010
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiffs

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
PETER A. MESHOT, State Bar No. 117061
Supervising Deputy Attorney General
KEVIN W. REAGER, State Bar No. 178478
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA,

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SACRAMENTO DIVISION

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JANELLE JONES, et al

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CASE NO. 2:12-CV-02181-MCE-CKD
JOINT STIPULATION FOR LEAVE TO
FILE FIRST AMENDED COMPLAINT;
ORDER THEREON

Plaintiffs,
vs.

Action Filed: August 21, 2012

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CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION,
et al., and DOES 1 through 50, inclusive,

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T RON & T RON
771 E. DAILY DRIVE, #230
CAMARILLO, CA 93010
[phone]

Defendants.
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JOINT STIPULATION FOR LEAVE TO FILE FIRST AMENDED
COMPLAINT; [PROPOSED] ORDER

CASE NO. 2:12-CV-02181-MCE-CKD

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TO THE HONORABLE MORRISON C. ENGLAND, Jr., U.S. DISTRICT COURT

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JUDGE:

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WHEREAS on August 21, 2012, Plaintiffs Janelle Jones and T.J., a minor,

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(“PLAINTIFFS”) filed a complaint alleging violations of 42 U.S.C. §§1983 and 1988, as well as

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the general laws of the United States and of the State of California against defendants California

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Department Of Corrections and Rehabilitation, Matthew Cates, Mike McDonald, Ed Simmerson,

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John McClellan, and DOES 1 through 50, inclusive (“DEFENDANTS”) [Dkt. Nos. 1-3];

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WHEREAS PLAINTIFFS timely effectuated service of the complaint on the
DEFENDANTS [Dkt. Nos. 13-17];
WHEREAS on December 10, 2012, DEFENDANTS filed a Motion to Dismiss set for
hearing on April 4, 2013 [Dkt. No. 19];

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WHEREAS PLAINTIFFS and DEFENDANTS have discussed the issues raised in the

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Motion to Dismiss and DEFENDANTS have consented to PLAINTIFFS amending their

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complaint to address those issues;

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WHEREAS a copy of PLAINTIFFS’ proposed First Amended Complaint is attached
hereto as Exhibit “A”.

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IT IS HEREBY STIPULATED by and between PLAINTIFFS and DEFENDANTS,

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through their respective counsels of record, that PLAINTIFFS should be granted leave to file a

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First Amended Complaint without a hearing as provided by Federal Rule of Civil Procedure 15

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and Eastern District of California Local Rules 200 and 220;and

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IT IS HEREBY STIPULATED the PLAINTIFFS shall file the First Amended

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Complaint within five (5) calendar days of the Court’s Order permitting such filing and that

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DEFENDANTS’ responsive pleading thereto shall be filed thirty (30) days after the filing of the

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First Amended Complaint; and

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IT IS FURTHER STIPULATED that DEFENDANTS’ Motion To Dismiss shall be
withdrawn.

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T RON & T RON
771 E. DAILY DRIVE, #230
CAMARILLO, CA 93010
[phone]

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JOINT STIPULATION FOR LEAVE TO FILE FIRST AMENDED
COMPLAINT; [PROPOSED] ORDER

CASE NO. 2:12-CV-02181-MCE-CKD

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IT IS SO STIPULATED:
Dated: March 15, 2013

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TRON & TRON
By

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Dated: March 15, 2013

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/s/
LANNY M. TRON, ESQ.
Attorneys for Plaintiffs

CALIFORNIA ATTORNEY GENERAL’S OFFICE
By

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____/s/_________________
KEVIN W. REAGER, ESQ.
Attorneys for Defendants

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ORDER
The Court having reviewed the foregoing Stipulation and good cause appearing
therefore:
IT IS HEREBY ORDERED that Plaintiffs Janelle Jones and T.J., a minor, are granted
leave to file a First Amended Complaint, a copy of which is attached hereto as Exhibit “A”;
IT IS FURTHER ORDERED that Defendants’ Motion to Dismiss (ECF No. 19) is
withdrawn and the hearing set for April 4, 2013 is vacated; and

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IT IS FURTHER ORDERED that Plaintiff shall file the First Amended Complaint

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within five (5) calendar days of the Court’s Order permitting such filing and that Defendants’

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responsive pleading thereto shall be filed within thirty (30) days after the filing of the First

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Amended Complaint.

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IT IS SO ORDERED:
DATED: March 19, 2013

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__________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE

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T RON & T RON
771 E. DAILY DRIVE, #230
CAMARILLO, CA 93010
[phone]

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JOINT STIPULATION FOR LEAVE TO FILE FIRST AMENDED
COMPLAINT; [PROPOSED] ORDER

CASE NO. 2:12-CV-02181-MCE-CKD