Dahlin et al v. Frieborn et al

Filing 37

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 3/14/2018 VACATING without prejudice 29 Motion to Dismiss; Plaintiff to file an Amended Complaint by 4/30/2018; Non-Municipal Defendants response due within 21 days after the filing of the Amended Complaint or if the Court issues a ruling on Plaintiffs' Motion for Disqualification, if such a motion is filed, whichever is later. (Fabillaran, J)

1 Douglas R. Thorn (CA Bar No. 133521)

THE THORN LAW FIRM

2 3017 Douglas Boulevard, Suite 300
Roseville, California 95661

3 916.768.9311
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5 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

9 James Dahlin; Kimberly Dahlin; Toby

Tippets; and Martina Tippets, individually
10 and as guardian ad litem of minor plaintiffs
ST and TT

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Plaintiffs,
v.
Rosemary Frieborn; Curt Ransom; Marilyn

14 Jasper; Cassie Reeves; Katie Newman;

Case No. 2:17-cv-02585-MCE-AC

STIPULATION TO TAKE MOTION TO
DISMISS OFF CALENDAR, AMEND
COMPLAINT, AND FILE MOTION FOR
DISQUALIFICATION

Sherry Couzens; Michael Crosson; Humane

15 Society of the Sierra Foothills, a society for
the prevention of cruelty to animals,

16 Incorporated, a California domestic

nonprofit corporation; Friends of Placer

17 County Animal Shelter, an unincorporated

association; Friends of Auburn/Tahoe Vista

18 Placer County Animal Shelter, an

unincorporated association; Friends of

19 Auburn/Tahoe Vista-Placer County Animal

Shelter, Inc, a California domestic nonprofit

20 corporation; Doe 1 through Doe 125;

Edward J. Fritz; City of Auburn; Auburn

21 Police Department; Officer Debbie Nelson;
Officer Phillip Isetta; Building Official Jon

22 May; Code Enforcement Officer Jennifer
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Solomon; Doe 126 through 150,

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Defendants

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STIPULATION AND ORDER

1

Plaintiffs’ counsel and counsel for Defendants Rosemary Frieborn, Curt Ransom,

2 Marilyn Jasper, Cassie Reeves, Katie Newman, Sherry Couzens, Michael Crosson, Humane
3 Society of the Sierra Foothills, Inc., Friends of Auburn/Tahoe Vista-Placer County Animal
4 Shelter, Inc., Friends of Placer County Animal Shelter, an unincorporated association,
5 Friends of Auburn/Tahoe Vista Placer County Animal Shelter, an unincorporated
6 association, and Edward J. Fritz (collectively, the “Non-Municipal Defendants”) stipulate as
7 follows:
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1.

The Non-Municipal Defendants’ motion to dismiss (Doc. Nos. 29-30) should

9 be dropped from the Court’s calendar without prejudice.
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2.

Plaintiffs will file an amendment to their Complaint regarding some or all of

11 the Non-Municipal Defendants within 45 days after the Placer County District Attorney’s
12 Office complies with Plaintiffs’ Subpoena Duces Tecum. The last date to comply with the
13 subpoena was Friday, March 9, 2018 but the compliance date has been extended until
14 Friday, March 16, 2018 to accommodate the custodian’s trial schedule.
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3.

Plaintiffs also expect to file a motion to disqualify the Non-Municipal

16 Defendants’ counsel and will file that motion, if at all, on or before March 20, 2018. The
17 Non-Municipal Defendants (and their counsel) intend to vigorously oppose Plaintiffs’
18 motion.
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4.

The Non-Municipal Defendants will respond (by motion or answer) to the

20 Complaint, as amended, no later than 21 days after the later of when the amendments
21 regarding the Non-Municipal Defendants are filed or the Court rules on Plaintiffs’ motion
22 for disqualification.
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SO STIPULATED

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Respectfully submitted March 8, 2018,

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/s/ Douglas R. Thorn
Douglas R. Thorn
Thorn Law Firm
Attorneys for Plaintiffs

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STIPULATION AND ORDER – 1

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Respectfully submitted March 8, 2018,

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/s/ Chris Hollinger

Chris A. Hollinger
O’Melveny & Myers LLP
Attorneys for the Non-Municipal Defendants

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ORDER

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Pursuant to the stipulation of the parties and good cause appearing, the Court

10 orders as follows:
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1. The Non-Municipal Defendants’ Motion to Dismiss (ECF Nos. 29-30) is hereby
VACATED without prejudice to refiling at a later date.

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2. Plaintiffs shall file an amended complaint not later than April 30, 2018.

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3. The Non-Municipal Defendants shall respond (by motion or answer) to the

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Amended Complaint not later than 21 days after (1) the filing of the Amended

16

Complaint or (2) the Court issues a ruling on Plaintiffs’ Motion for

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Disqualification, if such a motion is filed, whichever is later.

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IT IS SO ORDERED

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20 Dated: March 14, 2018
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STIPULATION AND ORDER – 2