Hunter v. City of Oroville et al.
Filing
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STIPULATION AND ORDER signed by District Judge Morrison C. England, Jr. on 02/07/17 ORDERING that docket entries 5 6 7 8 are WITHDRAWN; defendants shall file a responsive pleading to the Complaint by 04/03/17. (Benson, A)
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BRUCE A. KILDAY, SB No. 66415
SEAN D. O’DOWD, SB No. 296320
ANGELO, KILDAY & KILDUFF, LLP
Attorneys at Law
601 University Avenue, Suite 150
Sacramento, CA 95825
Telephone: (916) 564-6100
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Telecopier: (916) 564-6263
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Attorneys for Defendants CITY OF OROVILLE,
JOHN SCOTT NICKELSON, SHANE CARPENTER, and
CHRISTOPHER NICODEMUS
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
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JEREMY GENE HUNTER,
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Plaintiff,
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vs.
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CITY OF OROVILLE, a municipal
corporation; JOHN SCOTT NICKELSON,
individually and in his capacity as an
officer for the OROVILLE Police
Department; SHANE CARPENTER,
individually and in his capacity as an
officer for the OROVILLE Police
Department; CHRISTOPHER
NICODEMUS, individually and in his
capacity as an officer for the OROVILLE
Police Department; and DOES 1- 50,
inclusive, jointly and severally,
Defendants.
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Case No.: 2:17-cv-00017-MCE-CMK
STIPULATION AND ORDER FOR
WITHDRAW ECF NOS. 5-8 AND FOR
EXTENSION OF TIME TO RESPOND
TO COMPLAINT
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Plaintiff JEREMY GENE HUNTER (“Plaintiff”) and Defendants CITY OF OROVILLE,
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JOHN SCOTT NICKELSON, SHANE CARPENTER, and CHRISTOPHER NICODEMUS
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(hereafter “Defendants”), by and through their respective counsel of record, hereby stipulate to,
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and respectfully request, that the Court order docket entries ECF Nos. 5-8 be withdrawn.
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-1STIPULATION AND ORDER TO WITHDRAW PLAINTIFF’S
ERRONEOUSLY FILED DOCKET ENTRIES ECF NOS. 5-8
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WHEREAS Service on Defendants herein was not properly effectuated, and therefore
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docket entries ECF Nos. 5-8 (“Summons Returned Executed”) were erroneously filed with this
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Court;
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WHEREAS Defendants’ counsel has agreed to accept service of the documents identified
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in docket entries ECF Nos. 5-8 via Notice and Acknowledgment of Receipt as of February 2,
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2017, and;
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WHEREAS the Parties herein have agreed Defendants shall have sixty (60) days from
February 2, 2017, or until April 3, 2017, to file and serve a responsive pleading thereto.
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IT IS HEREBY STIPULATED that the parties request that the Court orders docket
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entries ECF 5, 6, 7, and 8 withdrawn, and that Defendants’ responsive pleading is due to be filed
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and served no later than April 3, 2017.
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Dated: February 2, 2017
ANGELO, KILDAY & KILDUFF, LLP
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/s/ Bruce A. Kilday
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By:_________________________
BRUCE A. KILDAY
Attorneys for Defendants CITY OF
OROVILLE, JOHN SCOTT
NICKELSON, SHANE CARPENTER,
and CHRISTOPHER NICODEMUS
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Dated: February 2, 2017
CANNATA, O’TOOLE, FICKES &
ALMAZAN LLP
/s/ Mark P. Fickes
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By:______________________ __________
MARK P. FICKES Attorneys for
Plaintiff, JEREMY GENE HUNTER
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-2STIPULATION AND ORDER TO WITHDRAW PLAINTIFF’S
ERRONEOUSLY FILED DOCKET ENTRIES ECF NOS. 5-8
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ORDER
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GOOD CAUSE APPEARING, Plaintiff’s docket entries ECF Nos. 5-8 are hereby
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withdrawn. Defendants are ordered to file and serve a responsive pleading to the Complaint no
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later than April 3, 2017.
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IT IS SO ORDERED.
Dated: February 7, 2017
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-3STIPULATION AND ORDER TO WITHDRAW PLAINTIFF’S
ERRONEOUSLY FILED DOCKET ENTRIES ECF NOS. 5-8
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