Solomon v. City of South Lake Tahoe et al

Filing 22

STIPULATION AND ORDER signed by Judge Garland E. Burrell, Jr on 3/5/13 ORDERING the County Defendants are not required to answer, move, or otherwise respond to Plaintiff's Complaint currently on file; the County of El Dorado and Brandon Pina are required to answer, move, or otherwise respond to the forthcoming Amended Complaint within 14 days of the filing of the Amended Complaint. (Becknal, R)

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ANDREW T. CAULFIELD, SBN 238300
RICHARD H. CAULFIELD, SBN 50258
CAULFIELD LAW FIRM
1101 Investment Blvd., Suite 120
El Dorado Hills, CA 95762
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Defendants County of El Dorado,
County of El Dorado Sheriff’s Department,
and Brandon Pina (sued herein as Brandon Pena)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PATRICK WAYNE SOLOMON,

-o0oCase No. 2:13-cv-00115-GEB-CKD

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Plaintiff,
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STIPULATION AND PROPOSED ORDER
RE RESPONSE BY COUNTY
DEFENDANTS TO PLAINTIFF’S
COMPLAINT

v.
CITY OF SOUTH LAKE TAHOE; CITY OF
SOUTH LAKE TAHOE POLICE
DEPARTMENT; OFFICER J.
HERMINGHAUS, individually and in his
official capacity; COUNTY OF EL DORADO
SHERIFF’S DEPARTMENT, OFFICER
BRANDON PENA individually and in his
official capacity; and DOES 1-10, inclusive,

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Hon. Garland E. Burrell, Jr.

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Defendants.
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______________________________________
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Plaintiff Patrick Wayne Solomon (“Plaintiff”) and Defendants County of El Dorado, County

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of El Dorado Sheriff’s Department, and Brandon Pina (sued herein as Officer Brandon Pena)

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(collectively, “County Defendants”), by and through their undersigned counsel, hereby stipulate as

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follows:

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1.

WHEREAS, pursuant to the Parties’ stipulation and subsequent Court Order (Dckt.

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No. 14), the County Defendants are required to answer, move, or otherwise respond to Plaintiff’s

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Complaint on or before March 6, 2013.

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2.

WHEREAS, the Parties recently agreed to a dismissal of all claims against the

County of El Dorado Sheriff’s Department with prejudice, pursuant to a stipulation filed on March 4,
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STIPULATION AND PROPOSED ORDER

Case No. 2:13-cv-00115-GEB-CKD

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2013 (Dckt. No. 18), which is pending before the Court.
3.

WHEREAS, Plaintiff intends to file an Amended Complaint, either pursuant to Court

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Order as a result of the pending Motion to Dismiss filed by the South Lake Tahoe Defendants, or

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voluntarily upon the stipulation of the parties and as permitted by the Court.

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4.

WHEREAS, Plaintiff has agreed to allow the County Defendants to file a response to

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the forthcoming Amended Complaint, rather than respond to the original Complaint, which will

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become obsolete.

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5.

WHEREAS, the Parties have agreed that the County Defendants, with the exception

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of the County of El Dorado Sheriff’s Department, which is pending dismissal from the case, must

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answer, move, or respond to the forthcoming Amended Complaint within 14 days of the date of the

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filing of the forthcoming Amended Complaint.

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:

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1.

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The County Defendants are not required to answer, move, or otherwise respond to

Plaintiff’s Complaint currently on file.
2.

The County of El Dorado and Brandon Pina are required to answer, move, or

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otherwise respond to the forthcoming Amended Complaint within 14 days of the filing of the

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Amended Complaint.

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IT IS SO STIPULATED.
DATED: March 5, 2013

CAULFIELD LAW FIRM
By:/s/ Andrew T. Caulfield
Andrew T. Caulfield

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Attorneys for Defendants County of El Dorado,
County of El Dorado Sheriff’s Department, and
Brandon Pina (sued herein as Brandon Pena)

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[Signatures Continued]

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STIPULATION AND PROPOSED ORDER

Case No. 2:13-cv-00115-GEB-CKD

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DATED: March 5, 2013

THE LAW FIRM OF LAUB & LAUB

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By: /s/ ___________________________
Jennifer Peterson, Esq.
Susan M. Leeder

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Attorneys for Plaintiff Patrick Wayne Solomon
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IT IS SO ORDERED.

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Date: 3/5/2013

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___________________________________
GARLAND E. BURRELL, JR.
Senior United States District Judge

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DEAC_Signature-END:

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STIPULATION AND PROPOSED ORDER

Case No. 2:13-cv-00115-GEB-CKD