Gilliam v. City of West Sacramento et al

Filing 19

ORDER signed by Senior Judge William B. Shubb on 4/8/2014 ORDERING 15 Pursuant to the stipulation of the parties, the 12(b) motion to dismiss filed by Defendants City of West Sacramento and Dan Drummond is HEREBY taken off calendar and Plaintiff is GRANTED leave to file a second amended complaint. (Reader, L)

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JAMES C. ASHWORTH, SBN 151272
THE ASHWORTH LAW OFFICE
1105 Kennedy Place, Suite 8
Davis, California 95616
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]

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Attorney for Plaintiff ROCHELLE L. GILLIAM

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROCHELLE L. GILLIAM,
Plaintiff,

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v.

Case No.: 2:13-CV-02276-WBS-AC
STIPULATION & [PROPOSED] ORDER RE
PLAINTIFF’S FILING OF SECOND
AMENDED COMPLAINT

CITY OF WEST SACRAMENTO,
SERGIO ALVAREZ, DAN
DRUMMOND, and DOES 1 through 25,
Defendants.

Judge: The Hon. William B. Shubb

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COMES NOW Plaintiff ROCHELLE L. GILLIAM (hereinafter “Plaintiff”) and requests

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that this Court issue an order permitting Plaintiff to file a Second Amended Complaint and take

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the 12(b) motion to dismiss, scheduled to be heard on April 21, 2014, off calendar.

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The initial complaint in this matter was filed on November 1, 2013. Pursuant to the

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Court’s ruling, a first amended complaint was thereafter required solely to replace the “JANE

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DOE” pseudonym with Plaintiff GILLIAM’S true name. The first amended complaint was filed

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on November 21, 2013.

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STIPULATION & [PROPOSED] ORDER RE PLAINTIFF’S FILING OF SECOND AMENDED COMPLAINT
Case No. 2:13-CV-02276-WBS-AC

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Defendant ALVAREZ answered the first amended complaint on March 4, 2013.

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Defendants CITY OF WEST SACRAMENTO and DAN DRUMMOND filed their initial

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appearance in the form of a 12(b) motion to dismiss on March 11, 2014. This motion is presently

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calendared to be heard on April 21, 2014.

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Counsel for the parties have met and conferred on the matter and have concluded that

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rather than have the Court hear the 12(b) motion presently on calendar, then have Plaintiff file a

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second amended complaint, and thereafter have a second 12(b) motion; it would save time and

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resources to have the presently calendared motion taken off calendar, have Plaintiff file her

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amended complaint and then have a single 12(b) motion, if necessary.

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Based on the foregoing, the parties have stipulated to have the 12(b) motion to dismiss

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filed by Defendants CITY OF WEST SACRAMENTO and DAN DRUMMOND taken off

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calendar and, with the Court’s permission, grant Plaintiff leave to file a second amended

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complaint.

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Dated: April 1, 2014

THE ASHWORTH LAW OFFICE

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___/s/ James C. Ashworth_____________________
JAMES C. ASHWORTH
Attorney for Plaintiff

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Dated: April 7, 2014

ANGELO, KILDAY & KILDUFF, LLP

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____/s/ Bruce A. Kilday______________________
BRUCE A. KILDAY
Attorney for Defendants CITY OF WEST
SACRAMENTO and DAN DRUMMOND

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Dated: April 7, 2014

LONGYEAR, O’DEA & LAVRA, LLP

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STIPULATION & [PROPOSED] ORDER RE PLAINTIFF’S FILING OF SECOND AMENDED COMPLAINT
Case No. 2:13-CV-02276-WBS-AC

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_____/s/ John A. Lavra_______________________
JOHN A. LAVRA
Attorney for Defendant SERGIO ALVAREZ

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ORDER

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Pursuant to the stipulation of the parties, the 12(b) motion to dismiss filed by Defendants
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CITY OF WEST SACRAMENTO and DAN DRUMMOND is hereby taken off calendar and
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Plaintiff is granted leave to file a second amended complaint.
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IT IS SO ORDERED

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Dated: April 8, 2014

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STIPULATION & [PROPOSED] ORDER RE PLAINTIFF’S FILING OF SECOND AMENDED COMPLAINT
Case No. 2:13-CV-02276-WBS-AC