Baldizon et al v. California Department of Corrections and Rehabilitation et al

Filing 31

STIPULATION and ORDER 29 signed by Senior Judge William B. Shubb on 9/28/2017 granting leave for plaintiff to file a Third Amended Complaint no later than 9/28/2017. (Kirksey Smith, K)

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Kresta Nora Daly, SBN 199689

BARTH DALY LLP
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431 "I" Street, Suite 201
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Plaintiffs

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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B ARTH D ALY

LLP
A TTORNEYS A T L AW
S ACRAMENTO , C ALIFORNIA

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JANETTE RAMIREZ, individually and as a
representative of the Estate of ROBERTO
BALDIZON, Deceased; ANA
JUSCAMAITA, individually and as a
representative of the Estate of ROBERTO
BALDIZON, Deceased; and THE ESTATE
OF ROBERTO BALDIZON,

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STIPULATION AND [PROPOSED]
ORDER TO FILE THIRD AMENDED
COMPLAINT

Plaintiffs,

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Case No. 2:17-CV-00228-WBS-AC

v.
JEFFREY MACOMBER, individually and in
his official capacity as Former Warden of
California State Prison-Sacramento and
DOES 1 through 100, inclusive, in their official
and personal/individual capacities,

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Defendants.

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Plaintiff Janette Baldizon and Ana Juscamaita, and Defendant Macomber, through their

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counsel, stipulate as follows:
1. Defendant Macomber was served with the summons and Second Amended Complaint

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in this matter on August 30, 2017;

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2. Counsel met and conferred concerning allegations in the complaint in anticipation of

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filing a Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(6);

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{00022996}
STIPULATION AND [PROPOSED] ORDER

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CASE NO. 2:17-CV-00228-WBS-AC

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3. As part of the meet and confer process the parties stipulated the time for Defendant

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Macomber to respond to the Second Amended Complaint was extended to September

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29, 2017; and

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4. The parties now stipulate Plaintiff may file a Third Amended Complaint. Said Third

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Amended Complaint shall be filed no later than September 28, 2017.

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Dated: September 27, 2017.

Respectfully submitted,

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BARTH DALY LLP
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By
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/s/ Kresta Nora Daly
KRESTA NORA DALY
Attorneys for Plaintiffs

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B ARTH D ALY

LLP
A TTORNEYS A T L AW
S ACRAMENTO , C ALIFORNIA

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Dated: September 27, 2017.

Respectfully submitted,

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XAVIER BECERRA

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ATTORNEY GENERAL OF CALIFORNIA

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By

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/s/ R. Lawrence Bragg
R. LAWRENCE BRAGG
Acting Supervising Deputy Attorney General
Attorneys for Defendant Macomber

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ORDER

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In light of the stipulation of the parties, and good cause appearing, it is ordered that

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Plaintiff may file a Third Amended Complaint which shall be filed no later than September 28,

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2017.

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Dated: September 28, 2017

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{00022996}
STIPULATION AND [PROPOSED] ORDER

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CASE NO. 2:17-CV-00228-WBS-AC