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

Filing 23

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 5/18/16. The court GRANTS the parties' stipulation to file a third amended complaint nunc pro tunc (ECF No. 22 ). Plaintiff shall file and serve their third Amended Complaint no later than 6/24/2016. The City of Fairfield and all individual defendants represented by Bertrand, Fox, Elliot, Osman & Wenzel shall have until 7/15/2016 to respond to Plaintiffs' third amended complaint. (Mena-Sanchez, 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,
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,

Case No.: 2:15-cv-02339-KJM-KJN
STIPULATION AND [PROPOSED]
ORDER TO FILE THIRD AMENDED
COMPLAINT
HONORABLE KIMBERLY J. MUELLER

Defendants.
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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Plaintiffs’ Second Amended Complaint. The parties agree some of the issues raised by the

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defendants have merit and therefore Plaintiffs will amend their complaint.
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STIPULATION AND [PROPOSED] ORDER TO FOR PLAINTIFF TO FILE THIRD AMENDED COMPLAINT
Cook, et al., v City of Fairfield, et al. Case No.: 2:15-cv-02339-KJM-KJN

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Given that Defendants’ attorney, Gregory M. Fox, will be out of the country June 17,

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2016, through July 5, 2016, the parties stipulate to and respectfully request the following

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orders and schedule:

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1. Plaintiffs shall file and serve their third amended complaint no later than June 24, 2016.

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

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Osman & Wenzel shall have until July 15, 2016, to respond to plaintiffs’ third amended

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complaint.

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The parties stipulate and respectfully request the court order the above stipulation.
Dated: 05/12/2016

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BERTRAND, FOX, ELLIOT, OSMAN & WENZEL
By:

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/s/ Gregory Fox (as Authorized on 05/12/2016)
Gregory M. Fox
Attorney for Defendants

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Dated: 05/12/2016

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

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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.

Dated: 05/12/2016

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By:

/s/ Justin Kirk Tabayoyon_________________
Justin Kirk Tabayoyon

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STIPULATION AND [PROPOSED] ORDER TO FOR PLAINTIFF TO FILE THIRD AMENDED COMPLAINT
Cook, et al., v City of Fairfield, et al. Case No.: 2:15-cv-02339-KJM-KJN

ORDER

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1. Good cause appearing, the court GRANTS the parties’ stipulation to file a third

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amended complaint nunc pro tunc (ECF No. 22). Accordingly, plaintiffs shall file and serve

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their third amended complaint no later than June 24, 2016.

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

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Osman & Wenzel shall have until July 15, 2016 to respond to plaintiffs’ third amended

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complaint.

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IT IS SO ORDERED.
DATED: May 18, 2016

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UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER TO FOR PLAINTIFF TO FILE THIRD AMENDED COMPLAINT
Cook, et al., v City of Fairfield, et al. Case No.: 2:15-cv-02339-KJM-KJN