Shannon v. County of Sacramento

Filing 49

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 4/27/16: Plaintiff shall have 14 days in which to file his proposed Fifth Amended Complaint. The Fifth Amended Complaint shall be deemed served upon the electronic filing of the Fifth Amended Complaint. Defendants shall have 21 days after service of the Fifth Amended Complaint in which to respond in any manner authorized by Rule 12 of the Federal Rules of Civil Procedure. (Kaminski, H)

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LUCERO LAW FIRM, APC
ESTEVAN R. LUCERO, ESQ. (SBN #298076)
[e-mail]
835 5th Ave., Ste. 200A
San Diego, CA 92101
Telephone: [phone]

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Attorneys for PLAINTIFF,
SALVADOR SHANNON
CREGGER & CHALFANT LLP
ROBERT L. CHALFANT, SBN 203051
Email: [e-mail]
WENDY MOTOOKA, SBN 233589
Email: [e-mail]
1030 G Street
Sacramento, CA 95814
Phone: [phone]
Fax: [phone]
Attorneys for Defendants COUNTY OF
SACRAMENTO, TIMOTHY JONES, JOSEPH
REEVE

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SALVADOR SHANNON, as an individual
and as a successor in interest to RYAN
SHANNON,

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Plaintiff,
vs.

Civil Action No.: 2:15 cv-00967 KJM CKD

STIPULATION TO ALLOW PLAINTIFF
LEAVE TO FILE FIFTH AMENDED
COMPLAINT; ORDER THEREON

COUNTY OF SACRAMENTO, a
government entity; TIMOTHY JONES, an
individual; and JOSPEH REEVE, an
individual.

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Defendants.
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WHEREAS on March 23, 2016, the Court issued its order (Doc. #45) to allow plaintiff to
file the Fourth Amended Complaint (“4AC”) in this action;

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WHEREAS defendants COUNTY OF SACRAMENTO, TIMOTHY JONES and

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JOSEPH REEVE have until April 26, 2016, to respond to the 4AC, pursuant to the Court’s order;

CREGGER & CHALFANT LLP
1030 G St.
Sacramento, CA 95814
[phone]

STIP. RE FIFTH AMENDED COMPLAINT; ORDER
THEREON
Case No. 2:15-CV-00967-KJM-CKD

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WHEREAS defendants intend to respond to the 4AC by way of a motion to dismiss and
have met and conferred with counsel for plaintiff as to this motion;

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WHEREAS to avoid this motion, plaintiff has agreed to dismiss the battery cause of

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action against all defendants and the excessive force claim under a Monell-type theory against the

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County in the 4AC;

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WHEREAS plaintiff has provided defendants a proposed Fifth Amended Complaint that
eliminates the above causes of action;
WHEREAS to conserve the resources of the parties and the Court, the parties wish to
streamline the pleadings, and motions practice in this case;
THEREFORE, the parties hereby stipulate, by and through their counsel of record, as
follows:
1.

Upon the Court’s approval of this stipulation, Plaintiff shall have 14 days in which

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to file his proposed Fifth Amended Complaint that reflects the dismissal of the cause of action for

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battery under state law against all defendants and the cause of action asserting a Monell-type

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claim for excessive force against the County;

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2.

The Fifth Amended Complaint shall be deemed served upon the electronic filing

of the Fifth Amended Complaint, following the Court’s approval of this stipulation; and
3.

Defendants shall have 21 days after service of the Fifth Amended Complaint in

which to respond in any manner authorized by Rule 12 of the Federal Rules of Civil Procedure.
IT IS SO STIPULATED.

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Date: April 22, 2016

LUCERO LAW FIRM

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/s/ Estevan R. Lucero
ESTEVAN R. LUCERO
Attorney for Plaintiff SALVADOR SHANNON

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CREGGER & CHALFANT LLP
1030 G St.
Sacramento, CA 95814
[phone]

STIP. RE FIFTH AMENDED COMPLAINT; ORDER
THEREON
Case No. 2:15-CV-00967-KJM-CKD

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DATE: April 22. 2016

CREGGER & CHALFANT LLP

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/s/ Robert L. Chalfant
ROBERT L. CHALFANT
Attorneys for Defendants COUNTY OF
SACRAMENTO , TIMOTHY JONES, JOSEPH
REEVE

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[PROPOSED] ORDER

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After considering the Stipulation by and between the parties through their counsel of
record, IT IS HEREBY ORDERED THAT:
1.

Upon the Court’s approval of this stipulation, Plaintiff shall have 14 days in which

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to file his proposed Fifth Amended Complaint that reflects the dismissal of the cause of action for

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battery under state law against all defendants and the cause of action asserting a Monell-type

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claim for excessive force against the County;

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2.

The Fifth Amended Complaint shall be deemed served upon the electronic filing

of the Fifth Amended Complaint, following the Court’s approval of this stipulation; and
3.

Defendants shall have 21 days after service of the Fifth Amended Complaint in

which to respond in any manner authorized by Rule 12 of the Federal Rules of Civil Procedure.
IT IS SO ORDERED.
DATE: April 27, 2016

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UNITED STATES DISTRICT JUDGE

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CREGGER & CHALFANT LLP
1030 G St.
Sacramento, CA 95814
[phone]

STIP. RE FIFTH AMENDED COMPLAINT; ORDER
THEREON
Case No. 2:15-CV-00967-KJM-CKD

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