M.B. v. State of California et al

Filing 8

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 01/18/18 ORDERING that Plaintiffs shall file their Amended Complaint within 14 days; defendants' response is due no later than 14 days after the amended complaint is filed. (Benson, A.)

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XAVIER BECERRA, State Bar No. 118517
Attorney General of California
CHRISTOPHER J. BECKER, State Bar No. 230529
Supervising Deputy Attorney General
DIANA ESQUIVEL, State Bar No. 202954
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Attorneys for Defendants State of California,
California Department of Corrections and
Rehabilitation, Brown, Kernan, and Baughman

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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M.B. III, a minor, by and through his
Guardian Ad Litem, TITICE BEVERLY,
individually and as Successor in Interest
and Personal Representative of the Estate of
MILTON BEVERLY, JR., et al.,

No. 2:17-cv-02395 WBS-DB

STIPULATION FOR PLAINTIFFS TO
AMEND THE COMPLAINT AND FOR
DEFENDANTS TO RESPOND TO THE
AMENDED COMPLAINT AND
Plaintiffs, PROPOSED ORDER

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v.
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Trial Date:
None
Action Filed: November 14, 2017
STATE OF CALIFORNIA, et al.,

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Defendants.

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Under Federal Rule of Civil Procedure 15(a)(1)(B) and Local Rule 143, the parties, through

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their respective counsel of record, stipulate and agree that Plaintiffs will amend the complaint

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within fourteen days of the Court approving this stipulation, and Defendants will respond to the

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amended complaint within fourteen days of it being filed. Good cause exists to grant this

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stipulation because it will avoid burdening the Court with a motion to dismiss and allow the

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parties to correct the pleadings.
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Stipulation for Plaintiffs to Amend the Complaint and Defendants to Respond to the Amended Complaint
(2:17-cv-02395 WBS-DB)

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Defendants’ response to the complaint is due January 17, 2018. (See ECF No. 6.) After

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having an opportunity to review and analyze the complaint, counsel for Defendants informed

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Plaintiffs’ attorney of her intent to file a motion to dismiss under Federal Rule of Civil Procedure

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12(b)(6) on various grounds. After consideration, Plaintiffs’ attorney agreed that some of the

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grounds for the intended dismissal motion had merit, and Plaintiffs seek to cure the defects in the

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complaint. The parties agree that, under Rule 15(a)(1)(B), Plaintiffs have the right to amend the

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pleading once as a matter of course. However, to avoid burdening the Court with a motion to

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dismiss and to conserve judicial resources, the parties agree that Plaintiffs should amend the

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complaint before Defendants are required to respond to the pleading.

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Accordingly, the parties agree and stipulate that Plaintiffs will file their amended complaint

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within fourteen days of the Court approving this stipulation, and that Defendants will respond to

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the amended complaint no later than fourteen days after it is filed.

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IT IS SO STIPULATED.
Dated: January 17, 2018

Respectfully submitted,

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XAVIER BECERRA
Attorney General of California
CHRISTOPHER J. BECKER
Supervising Deputy Attorney General

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/s/ Diana Esquivel

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DIANA ESQUIVEL
Deputy Attorney General
Attorneys for Defendants

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Dated: January 17, 2018

GLICKMAN & GLICKMAN
A LAW CORPORATION

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/s/ Nicole E. Hoikka (as authorized 1/17/18)

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STEVEN C. GLICKMAN
NICOLE E. HOIKKA
Attorneys for Plaintiffs

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SA2017306798
33230286.docx

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Stipulation for Plaintiffs to Amend the Complaint and Defendants to Respond to the Amended Complaint
(2:17-cv-02395 WBS-DB)

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ORDER
Good cause appearing, the parties’ stipulation to amend the complaint and to respond to the

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pleading is GRANTED. Plaintiffs shall file their amended complaint no later than fourteen days

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from the date of this order. Defendants’ response to the pleading shall be due no later than

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fourteen days after the amended complaint is filed.

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IT IS SO ORDERED.
Dated: January 18, 2018

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Stipulation for Plaintiffs to Amend the Complaint and Defendants to Respond to the Amended Complaint
(2:17-cv-02395 WBS-DB)