Johnson et al v. The City of Vallejo et al

Filing 108

STIPULATION and ORDER signed by Judge John A. Mendez on 7/6/15 re: 107 . GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that John Wilson be joined as a party Plaintiff in this action pursuant to this Stipulation and F.R.C.P. § 19(b) as to all caus es of action pleaded on behalf of Plaintiff Cynthia Mitchell subject to the Court's order on Defendants' motion for summary judgment/adjudication and for judgment on the pleadings heard 4/8/15. Defendants' original Answer to Plaintiff s' Complaint (ECF No. 6) is deemed an Answer to all the claims stated by John Wilson. Mr. Wilson is also added to Plaintiffs Johnson and Mitchell's previously served statutory disclosures, including their F.R.C.P. 26 disclosure(s) and exper t witness disclosure(s). Mr. Wilson will appear for deposition; otherwise discovery remains closed. The addition of John Wilson shall not alter the Pretrial Conference currently set for 9/4/15 nor the trial date currently set for 10/26/15. (Meuleman, A)

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MICHAEL P. VERNA (Bar No. 84070)
LAWRENCE D. GOLDBERG (Bar No. 168142)
WILLIAM T NAGLE (Bar No. 180162)
BOWLES & VERNA LLP
2121 N. California Blvd., Suite 875
Walnut Creek, California 94596
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs
JOSEPH L. JOHNSON, CYNTHIA A. MITCHELL
and JOHN WILSON

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH L. JOHNSON, an individual,
CYNTHIA A. MITCHELL, an individual,
and as successor-in-interest to decedent
MARIO D.S.M. ROMERO, JOHN
WILSON, an individual, and as successorin-interest to decedent MARIO D.S.M.
ROMERO
Plaintiffs,

CASE NO.: 2:13-CV-01072-JAM-KJN
(CONSOLIDATED WITH CASE NO.: 2:13CV-02060-JAM-KJN)
STIPULATION AND ORDER
JOINING JOHN WILSON AS A
PARTY PURSUANT TO F.R.C.P. § 19
Courtroom 6, 14th Floor

vs.
Hon. John A. Mendez
THE CITY OF VALLEJO, a municipality
and charter city, POLICE OFFICER
DUSTIN B. JOSEPH, an individual, and
POLICE OFFICER SEAN G. KENNEY,
an individual,
Defendants.

Trial Date: October 26, 2015
Pre-Trial Conf.: September 4, 2015

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AND CONSOLIDATED ACTIONS
All counsel has become aware of the existence of an additional heir to Mario Romero, John

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Wilson, Mr. Romero’s biological father. Mr. Wilson has consented to join this action as a plaintiff.

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The parties hereby stipulate that John Wilson be joined as a party Plaintiff to all remaining causes of

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action originally set forth by Plaintiff Cynthia Mitchell herein, as an individual and successor in

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Bowles & Verna LLP
2121 N. California
Suite 875
Walnut Creek 94596

2:13-CV-01072-JAM-KJN

STIPULATION AND ORDER JOINING JOHN WILSON AS A PARTY PURSUANT TO F.R.C.P. § 19

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interest to Mario Romero, and for all purposes including F.R.C.P. disclosures. The answer filed in

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this action (ECF No. 6) is deemed the answer to all of Mr. Wilson’s claims. Discovery remains closed

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with the limited exception that Mr. Wilson agrees to appear and testify at a deposition. The pretrial

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conference remains scheduled for September 4, 2015 and the trial date remains October 26, 2015.

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Dated: July 6, 2015

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BOWLES & VERNA LLP

By:

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/s/ William T. Nagle
Lawrence Goldberg
William Nagle
Attorneys for Plaintiffs
J. JOHNSON, C. MITCHELL and J. WILSON

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Dated: July 6, 2015

JONES & DYER

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By:

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Dated: July 6, 2015

/s/ Kristen K. Preston
Mark A. Jones
Kristen K. Preston
Attorneys for Defendants City of Vallejo,
D. Joseph, S. Kenney

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CITY OF VALLEJO

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By:

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/s/ Kelly J. Trujillo
Claudia Quintana
Kelly J. Trujillo
Attorneys for Defendants City of Vallejo,
D. Joseph, S. Kenney

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All Mitchell causes of action that remain following the Court’s ruling on Defendants’ dispositive
motions heard on April 8, 2015.
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2:13-CV-01072-JAM-KJN

STIPULATION AND ORDER JOINING JOHN WILSON AS A PARTY PURSUANT TO F.R.C.P. § 19

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GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that John Wilson be joined as

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a party Plaintiff in this action pursuant to this Stipulation and F.R.C.P. § 19(b) as to all causes of

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action pleaded on behalf of Plaintiff Cynthia Mitchell subject to the Court’s order on Defendants’

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motion for summary judgment/adjudication and for judgment on the pleadings heard April 8,

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2015. Defendants’ original Answer to Plaintiffs’ Complaint (ECF No. 6) is deemed an Answer to

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all the claims stated by John Wilson. Mr. Wilson is also added to Plaintiffs Johnson and

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Mitchell’s previously served statutory disclosures, including their F.R.C.P. 26 disclosure(s) and

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expert witness disclosure(s). Mr. Wilson will appear for deposition; otherwise discovery remains

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closed. The addition of John Wilson shall not alter the Pretrial Conference currently set for

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September 4, 2015 nor the trial date currently set for October 26, 2015.

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IT IS SO ORDERED.
DATE: 7/6/2015

/s/ John A. Mendez

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Hon. John A. Mendez
UNITED STATES DISTRICT COURT JUDGE

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2:13-CV-01072-JAM-KJN

STIPULATION AND ORDER JOINING JOHN WILSON AS A PARTY PURSUANT TO F.R.C.P. § 19