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

Filing 45

STIPULATION and ORDER FOR PRESENTATION OF GOVERNMENT CLAIMS signed by District Judge Kimberly J. Mueller on 10/16/2017. (Washington, S)

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JUSTIN KIRK TABAYOYON, S.B.N. 288957
LAW OFFICES OF JUSTIN KIRK TABAYOYON
1000 North Texas Street, Suite A
Fairfield, CA 94533-5661
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 ORDER
REGARDING PLAINTIFFS’
PRESENTATION OF GOVERNMENT
CLAIMS; CONSTRUCTION OF 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, hereby agree to the following:

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1. The incident which gave rise to this court action occurred on November 13, 2013.

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2. On May 5, 2014, Plaintiff Becky Smisek-Gage presented to the City Clerk of the City of
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STIPULATION AND ORDER REGARDING PRESENTATION OF PLAINTIFFS’ GOVERNMENT CLAIMS.
Cook, et al., v City of Fairfield, et al. Case No.: 2:15-cv-02339-KJM-KJN

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Fairfield, California, Claim for Damages 13-106.

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3. On May 6, 2014, Plaintiff Billy Robert Cook presented to the City Clerk of the City of
Fairfield, California, Claim for Damages 13-108.

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4. On May 12, 2014, Plaintiff Michael John Maroulas presented to the City Clerk of the City
of Fairfield, California, Claim for Damages 13-114.

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5. All three plaintiffs timely presented their state law claims for damages in compliance with
the six (6) month statutory limit under Gov. C. § 911.2, subdivision (a).

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6. The parties agree that Plaintiffs’ Third Amended Complaint shall be construed to have
the above factual allegations included and Defendants waive the defense that Plaintiffs failed
to comply with the claims presentation requirement of Gov. C. § 9112, subdivision (a).

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The parties stipulate and respectfully request the court order the above stipulation.
//

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STIPULATION AND ORDER REGARDING PRESENTATION OF PLAINTIFFS’ GOVERNMENT CLAIMS.
Cook, et al., v City of Fairfield, et al. Case No.: 2:15-cv-02339-KJM-KJN

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Dated: ___________

BERTRAND, FOX, ELLIOT, OSMAN & WENZEL

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By:

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/s/ Parry Black (As authorized on 10/12/2017)
Parry Black
Attorney for Defendants

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Dated: ____________

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
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: ______________

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By:

/s/ Justin Kirk Tabayoyon
Justin Kirk Tabayoyon

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ORDER

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Good cause appearing the Stipulation is SO ORDERED.
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Dated: October 16, 2017.

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UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER REGARDING PRESENTATION OF PLAINTIFFS’ GOVERNMENT CLAIMS.
Cook, et al., v City of Fairfield, et al. Case No.: 2:15-cv-02339-KJM-KJN