Cook, et al. v. City of Fairfield, et al.

Filing 20

ORDER signed by District Judge Kimberly J. Mueller on 4/7/2016 ORDERING 17 City of Fairfield's Motion to Dismiss, is WITHDRAWN and the hearing currently set for 4/22/2016, is VACATED; Plaintiffs shall file and serve an amended complaint no later than 4/22/2016; City of Fairfield and all individual defendants represented by Bertrand, Fox, Elliot, Osman & Wenzel shall have until 5/13/2016, to respond to plaintiffs' amended complaint. (Reader, L)

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JUSTIN KIRK TABAYOYON, S.B.N. 288957
LAW OFFICES OF JUSTIN KIRK TABAYOYON
1125 Missouri Street, Suite 209
Fairfield, CA 94533
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorney for Plaintiffs

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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BILLY ROBERT COOK, MICHAEL JOHN
MAROULAS, and BECKY SMISEKGAGE,
Plaintiffs,

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v.
CITY OF FAIRFIELD, a municipal
corporation; FORMER CITY OF
FAIRFIELD POLICE CHIEF WALT
TIBBET, in his individual and official
capacities; REBECCA BELK and AARON
BERTSCH, individually and in their official
capacities as police sergeants for the City
of Fairfield, FRANK PIRO, KELLY
ROMBACH, ADAM BRUNIE,
CHRISTOPHER GRIMM, KEITH
PULSIPHER, and DOES 1-50, individually
and in their capacities as peace officers,

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Case No.: 2:15-cv-02339-KJM-KJN
STIPULATION AND [PROPOSED]
ORDER WITHDRAWING HEARING ON
DEFENDANT’S MOTION TO DISMISS
HONORABLE KIMBERLY J. MUELLER

Defendants.

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Plaintiffs Billy Robert Cook, Michael John Maroulas, and Becky Smisek-Gage, acting by

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and through their attorney of record, and defendants City of Fairfield, Walt Tibbet, Rebecca

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Belk, Aaron Bertsch, Frank Piro, Kelly Rombach, Adam Brunie, Christopher Grimm, and Keith

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Pulsipher, acting by and through their attorney of record, have met and conferred regarding

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STIPULATION AND ORDER VACATING MOTION TO DISMISS AND GRANTING PLAINTIFF’S LEAVE TO AMEND COMPLAINT
Cook, et al., v City of Fairfield, et al. Case No.: 2:15-cv-02339-KJM-KJN

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Defendants’ Motion to Dismiss Plaintiffs’ First Amended Complaint. The parties stipulate to and

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respectfully request the following orders:

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1. City of Fairfield’s Motion to Dismiss filed March 18, 2016, is vacted along with the
hearing on it currently set for April 22, 2016.

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2. Plaintiffs shall file and serve an amended complaint no later than April 22, 2016.

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3. The City of Fairfield and all individual defendants represented by Bertrand, Fox, Elliot,

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Osman & Wenzel shall have until May 13, 2016, to respond to plaintiffs’ amended complaint.

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The parties stipulate and respectfully request the court order the above stipulation.
Dated: 04/05/2016

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BERTRAND, FOX, ELLIOT, OSMAN & WENZEL
By:

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/s/ Gregory Fox (as Authorized on 04/05/2016)
Gregory M. Fox
Attorney for Defendants

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Dated: 04/05/2016

LAW OFFICES OF JUSTIN KIRK TABAYOYON

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By:

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/s/ Justin Kirk Tabayoyon_________________
Justin Kirk Tabayoyon
Attorney of Plaintiffs

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ELECTRONIC CASE FILING ATTESTATION

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I, Justin Kirk Tabayoyon, am the ECF user whose identification and password are being
used to file the foregoing documents. Pursuant to Civil Local Rule 131(e), I hereby that
concurrence in the filing of these documents has been obtained from each of its Signatories.

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Dated: 04/05/2016

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/s/ Justin Kirk Tabayoyon_________________
Justin Kirk Tabayoyon

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By:

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STIPULATION AND ORDER VACATING MOTION TO DISMISS AND GRANTING PLAINTIFF’S LEAVE TO AMEND COMPLAINT
Cook, et al., v City of Fairfield, et al. Case No.: 2:15-cv-02339-KJM-KJN

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ORDER

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1. Good cause appearing the Stipulation is granted.

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2. City of Fairfield’s Motion to Dismiss filed March 18, 2016, is withdrawn and the hearing

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currently set for April 22, 2016, is vacated.

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3. Plaintiffs shall file and serve an amended complaint no later than April 22, 2016.

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4. City of Fairfield and all individual defendants represented by Bertrand, Fox, Elliot, Osman

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& Wenzel shall have until May 13, 2016, to respond to plaintiffs’ amended complaint.

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Dated: April 7, 2016.

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UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER VACATING MOTION TO DISMISS AND GRANTING PLAINTIFF’S LEAVE TO AMEND COMPLAINT
Cook, et al., v City of Fairfield, et al. Case No.: 2:15-cv-02339-KJM-KJN