S M-B v. City of Redding et al

Filing 13

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 2/11/2015 ORDERING that actions 2:14-cv-0676-MCE-AC and 2:14-cv-1736-MCE-AC are CONSOLIDATED. The lead case shall be 2:14-CV-00767 MCE-AC. All pending dates in both actions are hereby VACATED. The parties are directed to submit, not later than thirty (30) days following the date this Order is electronically filed, a new Joint Status Report in accordance with the requirements outlined within the Court's previous 3/26/2014 Order Requiring Joint Status Report in Case No. 2:14-CV-00767 MCE-AC. (Zignago, K.)

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Paul Q. Goyette, Esq. SBN 137250
Sean D. O’Dowd, Esq. SBN 296320
GOYETTE & ASSOCIATES, INC.
A Professional Law Corporation
2366 Gold Meadow Way, Suite 200
Gold River, CA 95670
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendants, Townsley,
Largent, Zufall, and Jacoby

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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S M-B, a minor, by and Through his
Guardian Ad Litem DAWN BIANCO,
individually and as successor in interest to
the estate of STEVEN MOTLEY,
v.

Plaintiff,

CASE NO.: 2:14-CV-01736-MCE-AC
CASE NO.: 2:14-CV-00767-MCE-AC
STIPULATION AND ORDER TO
CONSOLIDATE RELATED CASES

CITY OF REDDING, a municipal
corporation; ROBERT F. PAOLETTI,
JARED HEBERT, WES TOWNSLEY,
BRANDON LARGENT, BECKY
ZUFALL, CHRIS JACOBY;
and DOES 1-25, inclusive,
Defendants.
_________________________________
L.M. by and through her guardian ad litem
ASHLEY MCCAIN, individually and as
successor in interest to the Estate of
STEVEN MOTLEY; CAROL ADAMS,
individually,
Plaintiff,

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v.

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CITY OF REDDING, CHIEF ROBERT F.
PAOLETTI, OFFICER JARED HEBERT,
OFFICER WES TOWNSLEY, OFFICER
BRANDON LARGENT, OFFICER
BECKY ZUFALL, CORPORAL CHRIS
JACOBY; and DOES 1-10, inclusive,

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Defendants.
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STIPULATION AND ORDER TO CONSOLIDATE RELATED CASES

Plaintiffs S M-B, a minor, by and Through his Guardian Ad Litem DAWN BIANCO,

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individually and as successor in interest to the estate of STEVEN MOTLEY (“S M-B”) and

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defendants CITY OF REDDING, a municipal corporation; ROBERT F. PAOLETTI, JARED

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HEBERT, WES TOWNSLEY, BRANDON LARGENT, BECKY ZUFALL, CHRIS JACOBY

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(hereinafter referred to as the “S M-B, et al. v. CITY OF REDDING, et al.”) hereby submit the

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following Stipulation to Consolidate Related Cases:
WHEREAS, L.M. by and through her guardian ad litem ASHLEY MCCAIN,

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individually and as successor in interest to the Estate of STEVEN MOTLEY; CAROL

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ADAMS, individually, previously filed an action in this district against CITY OF REDDING,

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CHIEF ROBERT F. PAOLETTI, OFFICER JARED HEBERT, OFFICER WES

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TOWNSLEY, OFFICER BRANDON LARGENT, OFFICER BECKY ZUFALL,

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CORPORAL CHRIS JACOBY (hereinafter referred to as the “L.M., et al. v. CITY OF

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REDDING, et al.”), E.D. Cal. Case No. 2:14-CV-00767 MCE-AC;
WHEREAS, the S M-B, et al. v. CITY OF REDDING, et al. action is currently pending

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and is assigned to the Honorable Morrison C. England, Jr.;
WHEREAS, the L.M., et al. v. CITY OF REDDING, et al. action is currently pending

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and is assigned to the Honorable Morrison C. England, Jr.;

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WHEREAS, the S M-B, et al. v. CITY OF REDDING, et al. action involves

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substantially the same parties, similar claims, the same transaction, and similar questions of

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fact and law as the L.M., et al. v. CITY OF REDDING, et al. action, such that assignment of

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these cases to the same judge would result in a substantial savings of judicial effort.
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between

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the S M-B, et al. v. CITY OF REDDING, et al. Parties and the L.M., et al. v. CITY OF

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REDDING, et al. Parties, through their respective counsel of record herein, that the S M-B, et

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al. v. CITY OF REDDING, et al. action be consolidated with the L.M., et al. v. CITY OF

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REDDING, et al. action and assigned to the Honorable Morrison C. England, Jr. for all

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purposes.

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STIPULATION AND ORDER TO CONSOLIDATE RELATED CASES

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Dated: January 26, 2015.

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GOYETTE & ASSOCIATES, INC.
A Professional Law Corporation
By: /s/ Sean D. O’Dowd
Sean D. O’Dowd, Esq.

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Dated: January 28, 2015.

LAW OFFICES OF HOWARD L.
CHURCHILL

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By: /s/Howard L. Churchill
Howard L. Churchill, Esq.

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Dated: January 27, 2015.

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LAW OFFICES OF VICKI I. SARMIENTO
By:
/s/Vicki I. Sarmiento
Vicki I. Sarmiento, Esq.

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Dated: February 10, 2015.

LAW OFFICES OF DALE K. GALIPO

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By:
/s/Dale K. Galipo
Dale K. Galipo, Esq.

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Dated: February 3, 2015.

BRICKWOOD LAW OFFICE

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By:
/s/Gary Brickwood
Gary Brickwood, Esq.
ORDER

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In accordance with the parties’ stipulation, and good cause appearing, both actions are

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consequently consolidated, for all purposes including trial. The lead case in this consolidated action

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shall be L.M., et al. v. CITY OF REDDING, et al.”), E.D. Cal. Case No. 2:14-CV-00767 MCE-AC
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STIPULATION AND ORDER TO CONSOLIDATE RELATED CASES

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All pending dates in both actions are hereby vacated. The parties are directed to submit, not later than
thirty (30) days following the date this Order is electronically filed, a new Joint Status Report in

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accordance with the requirements outlined within the Court’s previous March 26, 2-14 Order

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Requiring Joint Status Report in Case No. 2:14-CV-00767 MCE-AC.

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IT IS SO ORDERED.
Dated: February 11, 2015

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STIPULATION AND ORDER TO CONSOLIDATE RELATED CASES