Hunter v. City of Oroville et al.

Filing 10

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 on 02/07/17 ORDERING that docket entries 5 6 7 8 are WITHDRAWN; defendants shall file a responsive pleading to the Complaint by 04/03/17.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: [phone]

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Telecopier: [phone]

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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and respectfully request, that the Court order docket entries ECF Nos. 5-8 be withdrawn.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