Martinez et al. v. City of West Sacramento et al.

Filing 82

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 2/26/2019 ORDERING that Defendant Zwicky shall not be required to file an Answer or other responsive pleading at this time. Plaintiffs and Defendant Zwicky shall file a stipulation and proposed order on or before 3/6/2019, regarding the timing of Defendant Zwickys Answer or other responsive pleading. (Huang, H)

1 MCGREGOR W. SCOTT
United States Attorney
2 JOSEPH B. FRUEH
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 E-mail:
[e-mail]
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Defendant
DANIEL T. ZWICKY
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SONNY MARTINEZ, et al.,

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Plaintiffs,
v.
CITY OF WEST SACRAMENTO, et al.,
Defendants.

Case No. 2:16-CV-02566-TLN-EFB
STIPULATION AND ORDER RE:
DEFENDANT DANIEL T. ZWICKY’S
RESPONSE TO PLAINTIFFS’ AMENDED
PLEADING

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STIPULATION AND ORDER

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IT IS HEREBY STIPULATED, by and between Plaintiffs and Defendant Daniel T. Zwicky, and

3 subject to Court approval, that Defendant Zwicky shall not be required to file an Answer or other
4 responsive pleading at this time. Plaintiffs and Defendant Zwicky shall file a stipulation and proposed
5 order on or before March 6, 2019, regarding the timing of Defendant Zwicky’s Answer or other
6 responsive pleading. The reasons for this stipulation are as follows:
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1.

On March 30, 2017, Defendant Zwicky moved to dismiss the original Complaint.

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2.

On October 27, 2017, Plaintiffs moved to amend the Complaint and lodged a proposed

9 First Amended Complaint (“FAC”).
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3.

On February 5, 2019, the Court granted in part and denied in part Plaintiffs’ motion to

11 amend, and denied Defendant Zwicky’s motion to dismiss as moot. The Court granted Plaintiffs
12 30 days to file any additional motion to amend.
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4.

Plaintiffs are still considering whether to file an additional motion to amend regarding the

14 claims alleged against Defendant Zwicky. Plaintiffs anticipate that they will make a determination on or
15 before March 6, 2019.
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STIP. & ORDER RE:
DEF. ZWICKY’S RESP. TO PLS.’ AM. PLEADING

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5.

Whether Plaintiffs file an additional motion to amend or proceed with the FAC (as

2 modified by the Court’s Order, ECF No. 69), Plaintiffs will provide Defendant Zwicky with at least
3 30 days to file a response after they make their determination.
4 Dated: February 20, 2019

MCGREGOR W. SCOTT
United States Attorney

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By:

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/s/ Joseph B. Frueh
JOSEPH B. FRUEH
Assistant United States Attorney
Attorneys for Defendant
DANIEL T. ZWICKY

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10 Dated: February 20, 2019

THORN LAW FIRM

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By:

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/s/ Douglas R. Thorn
DOUGLAS R. THORN
Attorney for Plaintiffs

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IT IS SO ORDERED
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Dated: February 26, 2019
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Troy L. Nunley
United States District Judge

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STIP. & ORDER RE:
DEF. ZWICKY’S RESP. TO PLS.’ AM. PLEADING

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(authorized 2/20/2019)