Callison v. City of American Canyon et al

Filing 17

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 11/5/15 ORDERING that plaintiff is GRANTED leave to file a First Amended Complaint in this action. (Kastilahn, A)

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James A. Du Charme (SBN 61002)
DU CHARME & COHEN
610Tisdale Avenue – Mare Island
Vallejo, CA 94592-1123
707 556 3099
888 688 4170 (e-fax)
[e-mail]
Attorney for Plaintiff Timothy M. Callison
Claudia M. Quintana SBN 178613
Furah Z. Faruqui SBN 233083
Office of the City Attorney,
555 Santa Clara Street, P.O. Box 3068
Vallejo, CA 94590
Tel: [phone]
Fax: [phone]
[e-mail]
Attorney for Defendant City of Vallejo
Dale L. Allen, Jr. SBN 145279
Allen, Glaessner, Hazelwood and Werth
180 Montgomery St Ste 1200
San Francisco, CA 94104
415 697-3456
415 813 2045
[e-mail]
Attorney for Defendant County of Napa,
City of American Canyon, Officer Schneider

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY M. CALLISON,

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Plaintiff,
vs.

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CITY OF AMERICAN CANYON, CITY OF
VALLEJO, COUNTY OF NAPA, OFFICER
SCHNEIDER, AND
DOES 1 – 100, INCLUSIVE;

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Defendants.
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Case No: 2:15-cv-00116 –WBS-KJN

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Case No.: 2:15-CV-00116-WBS-KJN
JOINT STIPULATION FOR LEAVE TO
FILE FIRST AMENDED COMPLAINT;
[PROPOSED] ORDER
Courtroom: 5 Judge William B. Shubb

ACTION FILED: October 9, 2014
DATE REMOVED: January 15, 2015
TRIAL DATE: August 9, 2016
STIPULATION FOR LEAVE TO FILE FIRST
AMENDED COMPLAINT; [PROPOSED]
ORDER

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1.

The parties, Plaintiff Timothy M. Callison and Defendants City of American Canyon,

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City of Vallejo, County of Napa and Officer Brett Schneider, by and through their designated counsel,

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pursuant to Federal Rule of Civil Procedure 15(a)(2) hereby jointly stipulate and request that the Court

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grant Plaintiff leave to file a First Amended Complaint in this action, a true and correct copy of which is

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attached as Exhibit A hereto.

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2.

Plaintiff filed his complaint on October 9, 2014, in Solano County Superior Court;

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3.

On January 15, 2015, Defendants removed plaintiff’s complaint to the Eastern District of

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California;
4.

On January 22, 2015, Defendants, respectively, filed their Answers to Plaintiff’s

complaint;
5.

In response to Interrogatories Plaintiff recently learned that the medical provider at the

Napa County Correctional Facility is a third party vendor, California Forensic Medical Group.
6.
Until recent discussion between plaintiff’s counsel and Adam Abel, former counsel for
defendant Napa County, neither counsel had been aware of California Forensic Medical Group (CFMG).
The parties had been under the impression that medical care within the Napa County jail was provided

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by Napa County employees.

Responses to Interrogatories confirmed the identity of CFMG and

subsequent communications amongst counsel produced the consensus, given the allegations in

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Plaintiff’s complaint, that good cause exists for Plaintiff to amend his complaint and add CFMG as a

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defendant.

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7.

Defendants waive notice and service of the First Amended Complaint and shall not be

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required to answer the amendment, but each of the aforementioned parties has the option to either 1) file

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a responsive pleading (within two weeks of the First Amended Complaint being filed), or 2) elect to

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treat all of that party’s denials, responses, and affirmative defenses contained in the applicable Answer

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filed herein as responsive to the First Amended Complaint.
8.

Concurrent with this stipulation for leave for Plaintiff to file a First Amended Complaint,

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the parties, by and through their counsel, are filing their joint “Stipulation to Alter / Vacate Pretrial

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Scheduling Order” therein requesting a new pretrial scheduling conference.

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Case No: 2:15-cv-00116 –WBS-KJN

STIPULATION FOR LEAVE TO FILE FIRST
AMENDED COMPLAINT; [PROPOSED]
ORDER

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9.

The parties have met and conferred regarding the allegations contained in plaintiff’s

proposed First Amended Complaint

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NOW, THEREFORE, the parties hereby stipulate and request that the Court grant plaintiff

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leave to file a First Amended Complaint in this action, a true and correct copy of which is attached as

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Exhibit A hereto.

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IT IS SO STIPULATED.

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DATED: November 4, 2015

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Respectfully submitted,
/s/ Furah Z. Faruqui
FURAH Z. FARUQUI
Deputy City Attorney
Attorney for Defendant,
CITY OF VALLEJO,

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DATED: November 4, 2015

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/s/ James A. Du Charme
JAMES A. DU CHARME
DU CHARME & COHEN
Attorney for Plaintiff,
TIMOTHY M. CALLISON

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DATED: November 4, 2015

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/s/ Dale L. Allen ___
DALE L. ALLEN
ALLEN, GLAESSNER, HAZELWOOD & WERTH
Attorney for Defendants,
COUNTY OF NAPA, CITY OF AMERICAN
CANYON AND OFFICER SCHNEIDER

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I hereby attest / certify that I have been authorized by the above named counsel, Dale L. Allen
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and Furah Z. Faruqui, to file this JOINT STIPULATION FOR LEAVE TO FILE FIRST
AMENDED COMPLAINT; [PROPOSED] ORDER
Executed on this 4th day of November, 2015, at Vallejo, California.

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__________________________
James A. Du Charme

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Case No: 2:15-cv-00116 –WBS-KJN

STIPULATION FOR LEAVE TO FILE FIRST
AMENDED COMPLAINT; [PROPOSED]
ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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Dated: November 5, 2015

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Case No: 2:15-cv-00116 –WBS-KJN

STIPULATION FOR LEAVE TO FILE FIRST
AMENDED COMPLAINT; [PROPOSED]
ORDER

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