Dahlin et al v. Frieborn et al

Filing 59

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 7/19/18. Plaintiffs shall have an Extension of time up to and including 9/17/2018, to file an amended complaint. (Mena-Sanchez, L)

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CHRIS A. HOLLINGER (S.B. #147637)
[e-mail]
O’MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, California 94111-3823
Telephone: [phone]
Facsimile: [phone]
Attorney for Non-Municipal Defendants
Rosemary Frieborn; Curt Ransom; Marilyn
Jasper; Cassie Reeves; Katie Newman; Sherry
Couzens; Michael Crosson; Humane Society of
the Sierra Foothills, Inc.; Friends of Placer
County Animal Shelter; Friends of
Auburn/Tahoe Vista Placer County Animal
Shelter; Friends of Auburn/Tahoe Vista-Placer
County Animal Shelter, Inc; and Edward J.
Fritz

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES DAHLIN; KIMBERLY DAHLIN;
TOBY TIPPETS; and MARTINA TIPPETS,
individually and as guardian ad litem of minor
plaintiffs ST and TT,
Plaintiffs,
v.
ROSEMARY FRIEBORN; CURT RANSOM;
MARILYN JASPER; CASSIE REEVES;
KATIE NEWMAN; SHERRY COUZENS;
MICHAEL CROSSON; HUMANE SOCIETY
OF THE SIERRA FOOTHILLS, INC.;
FRIENDS OF PLACER COUNTY ANIMAL
SHELTER; FRIENDS OF AUBURN/TAHOE
VISTA PLACER COUNTY ANIMAL
SHELTER; FRIENDS OF AUBURN/TAHOE
VISTA-PLACER COUNTY ANIMAL
SHELTER, INC.; Doe 1 through Doe 125;
EDWARD J. FRITZ; CITY OF AUBURN;
AUBURN POLICE DEPARTMENT; Officer
Debbie Nelson; Officer PHILLIP ISETTA;
Building Official JON MAY; Code
Enforcement Officer JENNIFER SOLOMON;
Doe 126 through 150,
Defendants.

Case No. 2:17-cv-02585-MCE-AC
STIPULATION AND ORDER TO
EXTEND TIME FOR PLAINTIFFS TO
FILE AMENDED COMPLAINT;
ORDER
Judge: Hon. Morrison C. England, Jr.
Action Filed: December 9, 2017

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STIPULATION TO EXTEND TIME
TO FILE AMENDED COMPLAINT
CASE NO. 2:17-CV-02585-MCE-AC

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WHEREAS, on December 9, 2017, Plaintiffs James Dahlin, Kimberly Dahlin, Toby

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Tippets and Martina Tippets (individually and as guardian ad litem for minor plaintiffs S.T. and

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T.T.) (collectively, the “Plaintiffs”) filed a Complaint in the United States District Court, Eastern

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District of California, against Defendants Rosemary Frieborn, Curt Ransom, Marilyn Jasper,

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Cassie Reeves, Katie Newman, Sherry Couzens, Michael Crosson, Humane Society of the Sierra

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Foothills, Inc., Friends of Placer County Animal Shelter, Friends of Auburn/Tahoe Vista Placer

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County Animal Shelter, Friends of Auburn/Tahoe Vista-Placer County Animal Shelter, Inc., and

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Edward Fritz (collectively, the “Non-Municipal Defendants”), and City of Auburn, Auburn Police

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Department, Officer Debbie Nelson, Officer Phillip Isetta, Building Official Jon May, and Code

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Enforcement Officer Jennifer Solomon (collectively, the “Municipal Defendants”), in the above-

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captioned matter;

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WHEREAS, in its Memorandum and Order electronically filed on June 19, 2018 (ECF

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No. 53), the Court granted Plaintiffs’ counsel’s Motion to Withdraw and granted Plaintiffs

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thirty (30) days from the date of electronic filing of the Memorandum and Order in which to file

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an amended complaint if they chose to do so (see id. at 3:13-15);

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WHEREAS, the deadline for Plaintiffs to file an amended complaint is currently July 19,
2018;

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WHEREAS, the Plaintiffs require more time to file an amended complaint; and

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WHEREAS, as provided for in the Court’s Memorandum and Order (see ECF No. 53 at

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3:15-16), the Plaintiffs, the Non-Municipal Defendants, and the Municipal Defendants agree that

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the interests of efficiency and justice would be served by the grant of a 60-day extension of the

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deadline for the Plaintiffs to file an amended complaint.

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NOW, THEREFORE, PURSUANT TO EASTERN DISTRICT LOCAL RULE 144(A),

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IT IS HEREBY STIPULATED AND AGREED, by and between the Plaintiffs, and counsel for

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the Non-Municipal Defendants and Municipal Defendants, that the Plaintiffs’ deadline to file an

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amended complaint is extended to September 17, 2018.

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SO STIPULATED AND AGREED.

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//
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Dated: July 18, 2018.

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JAMES DAHLIN
BY:

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Dated: July 18, 2018.

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KIMBERLY DAHLIN
BY:

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Dated: July 18, 2018.

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BY:

Dated: July 18, 2018.

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MARTINA TIPPETS
/s/ Martina Tippets
(signature authorized July 17, 2018)
Individually and as Guardian Ad Litem for
minor plaintiffs S.T. and T.T.

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Dated: July 18, 2018.

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CHRIS A. HOLLINGER
O’MELVENY & MYERS LLP
By:

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Dated: July 18, 2018.

SERENA M. WARNER
ANGELO, KILDAY & KILDUFF LLP
By:

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/s/ Chris A. Hollinger
Chris A. Hollinger

Attorney for Non-Municipal Defendants

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/s/ Toby Tippets
(signature authorized July 17, 2018)

BY:

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/s/ Kimberly Dahlin
(signature authorized July 17, 2018)

TOBY TIPPETS

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/s/ James Dahlin
(signature authorized July 17, 2018)

/s/ Serena M. Warner
(signature authorized July 17, 2018)

Attorney for Municipal Defendants

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ORDER
Pursuant to the stipulation of the parties and good cause appearing, Plaintiffs shall have an
extension of time up to an including September 17, 2018, to file an amended complaint.
IT IS SO ORDERED.
Dated: July 19, 2018

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