Molera et al v. City of Vacaville et al

Filing 17

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr., on 7/22/14 ORDERING that the time for Defendants to answer the Second Amended Complaint shall be EXTENDED to 7/30/2014. (Kastilahn, A)

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Thomas F. Bertrand, State Bar No. 056560
Richard W. Osman, State Bar No. 167993
BERTRAND, FOX & ELLIOT
2749 Hyde Street
San Francisco, California 94109
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
CITY OF VACAVILLE, CHIEF RICHARD
WORD, OFFICER KINGI, OFFICER VALK,
SERGEANT WILLIAMS and OFFICER TORRES
Michael Haddad, State Bar No. 189114
Julia Sherwin, State Bar No. 189268
Genevieve K. Guertin, State Bar No. 262479
T. Kennedy Helm, State Bar No. 282319
HADDAD & SHERWIN
505 Seventeenth Street
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs
LESLIE MOLERA, D.W. and WILLIAM WALKER

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LESLIE MOLERA, Individually, WILLIAM
WALKER, Individually, and D. W., a minor,
through his mother and Next Friend Luana
Silva, Individually and as Successor in Interest
for Decedent KENDALL WALKER,
Plaintiffs,

Case No. 2:14-CV-00782-MCE-AC
STIPULATED REQUEST TO EXTEND TIME
TO RESPOND TO SECOND AMENDED
COMPLAINT; ORDER

v.
CITY OF VACAVILLE, a public entity; CITY
OF VACAVILLE POLICE CHIEF RICHARD
WORD, in his individual and official
capacities; OFFICER KENJI, OFFICER
VALK, and DOES 1 through 20, individually,
jointly and severally,
Defendants.
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STIPULATED REQUEST TO EXTEND TIME TO RESPOND TO SECOND AMENDED COMPLAINT; ORDER Molera, et al. v. City

of Vacaville, et al.; U.S.D.C. Eastern District of CA Case No. 2:14-CV-00782-MCE-AC

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The parties in the above-captioned case, by and through their counsel of record, hereby represent
to the Court as follows:

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On July 2, 2014, Plaintiffs filed their Second Amended Complaint in the above captioned action,

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and Defendants CITY OF VACAVILLE, CHIEF RICHARD WORD, OFFICER KINGI and OFFICER

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VALK’s last day to file a responsive pleading currently is July 16, 2014,

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The Second Amended Complaint adds Officers TORRES and LOPEZ and SERGEANT
WILLIAMS as additional defendants,
Plaintiffs’ counsel forwarded waivers of service of summons to defense counsel for the three new
individual defendants on July 2, 2014,

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To date, Officer TORRES and SERGEANT WILLIAMS have executed and returned the waivers,

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Defense counsel anticipates receiving the waiver from Officer LOPEZ in the near term,

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Defendant WILLIAMS’ responsive pleading in due September 10, 2014, Officer TORRES’

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responsive pleading is due September 15, 2014 and Officer LOPEZ’ responsive pleading will be due 60
days after she executes the waiver,
Defendants have agreed not to file a motion to dismiss the Second Amended Complaint and
instead will file and Answer thereto,
The parties have agreed to extend by two weeks the current July 16, 2014 deadline for the CITY,
CHIEF WARD, OFFICER KINGI and OFFICER VALK to file an answer to the Second Amended
Complaint so an answer can be filed on behalf of all defendants named in the Second Amended
Complaint, including the recently-named individual defendants.
Therefore, the parties hereby stipulate to a fourteen (14) day extension of time for defendants to
file an answer, through and including July 30, 2014.
Dated: July 16, 2014

BERTRAND, FOX & ELLIOT
By: s/ Richard W. Osman
Richard W. Osman
Attorneys for Defendants
CITY OF VACAVILLE, CHIEF RICHARD
WORD, OFFICER KINGI, OFFICER VALK,
SERGEANT WILLIAMS and OFFICER TORRES

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STIPULATED REQUEST TO EXTEND TIME TO RESPOND TO SECOND AMENDED COMPLAINT; ORDER Molera, et al. v. City

of Vacaville, et al.; U.S.D.C. Eastern District of CA Case No. 2:14-CV-00782-MCE-AC

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Dated: July 16, 2014

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HADDAD & SHERWIN
By: s/ Michael Haddad
Michael Haddad
Attorneys for Plaintiffs
LESLIE MOLERA, D.W.
and WILLIAM WALKER

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ORDER
Upon the foregoing Stipulation, and for good cause shown, IT IS ORDERED that the time for
Defendants to answer the Second Amended Complaint shall be extended to July 30, 2014.
IT IS SO ORDERED.
Dated: July 22, 2014

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STIPULATED REQUEST TO EXTEND TIME TO RESPOND TO SECOND AMENDED COMPLAINT; ORDER Molera, et al. v. City

of Vacaville, et al.; U.S.D.C. Eastern District of CA Case No. 2:14-CV-00782-MCE-AC