Guidry v. Grauman et al

Filing 31

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 5/9/2022 GRANTING plaintiff leave to file the proposed Second Amended Complaint with defendant's responsive pleading due 30 days afterwards. (Coll, A)

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ADANTE D. POINTER, ESQ., SBN 236229
PATRICK M. BUELNA, ESQ., SBN 317043
POINTER & BUELNA, LLP
LAWYERS FOR THE PEOPLE
1901 Harrison St., Suite 1140
Oakland, CA 94612
Tel: [phone]
Email: [e-mail]
Email: [e-mail]

MICHAEL A. SLATER (SBN 318899)
THE SLATER LAW FIRM, APC
7 515 South Flower Street, 18th Floor
Los Angeles, California 90071
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Tel: [phone]
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Attorneys for Plaintiff

POINTER & BUELNA, LLP
LAWYERS FOR THE PEOPLE
1901 Harrison St., Ste. 1140Oakland, CA 94612
Tel: (510) 929 - 5400

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID GUIDRY an individual;

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Plaintiff,

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v.

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CITY OF STOCKTON, a municipal
corporation; DANIEL GRAUMAN, in his
individual capacity and as a City of
Stockton Police Officer; SEAN
MCPHERSON, in his individual capacity
and as a City of Stockton Police Officer;
JEREMIAH SKAGGS, in his individual
capacity and as a City of Stockton Police
Officer; ZACHARY ADAMS, in his
individual capacity and as a City of
Stockton Police Officer; and DOES 1-50,
inclusive.

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Defendants.

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Case No.: 2:21-cv-01238-TLN-JDP
STIPULATION AND ORDER
GRANTING PLAINTIFF LEAVE TO
FILE A SECOND AMENDED
COMPLAINT

STIPULATION & ORDER RE LEAVE TO FILE SECOND AMENDED COMPLAINT

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Plaintiff and Defendants, by and through their designated counsel, hereby stipulate and

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agree as follows:

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WHEREAS, on July 14, 2021, Plaintiff filed his Complaint (ECF No. 1);

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WHEREAS, on August 18, 2021, Defendants filed their Answer to Plaintiff’s Complaint

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(ECF No. 7);

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WHEREAS, on October 26, 2021, Plaintiff and Defendants stipulated to grant Plaintiff

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with leave to file a First Amended Complaint, which this Court granted on October 27, 2021 (ECF

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No. 12);
WHEREAS, on November 3, 2021, Defendants served Plaintiff with their Initial

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POINTER & BUELNA, LLP
LAWYERS FOR THE PEOPLE
1901 Harrison St., Ste. 1140Oakland, CA 94612
Tel: (510) 929 - 5400

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Disclosures pursuant to Federal Rule of Civil Procedure 26, which included body-worn camera

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video footage of the subject incident;

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WHEREAS, based on Plaintiff’s counsel review of Defendants’ Rule 26 Disclosures and

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body-worn camera video footage of the subject incident, Plaintiff’s counsel has determined there

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is good cause to amend the now-operative First Amended Complaint to assert claims for First

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Amendment Retaliation and Municipal Liability against Defendants;
WHEREAS, a copy of Plaintiff’s Proposed Second Amended Complaint is attached hereto

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as “Exhibit A.”

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WHEREFORE, IT IS HEREBY STIPULATED, as follows:

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1.

Upon entry of this Stipulation, Plaintiff shall be granted leave to file the Proposed

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Second Amended Complaint attached hereto as Exhibit A;

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STIPULATION & ORDER RE LEAVE TO FILE SECOND AMENDED COMPLAINT

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2.

Defendants shall file their responsive pleading to the Second Amended Complaint

within thirty (30) days after the Second Amended Complaint is filed;
IT IS SO STIPULATED.
Date: May 8, 2022
POINTER & BUELNA, LLP

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LAWYERS FOR THE PEOPLE

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/s/ Patrick Buelna
PATRICK M. BUELNA
ADANTE D. POINTER
COUNSEL FOR PLAINTIFF

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POINTER & BUELNA, LLP
LAWYERS FOR THE PEOPLE
1901 Harrison St., Ste. 1140Oakland, CA 94612
Tel: (510) 929 - 5400

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Dated: May 9, 2022

THE SLATER LAW FIRM, APC

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By: /s/ Michael A. Slater
MICHAEL A. SLATER
COUNSEL FOR PLAINTIFF

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Dated: As authorized on May 9, 2022

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MAYALL HURLEY
By: /s/ Mark Berry
MARK EMMETT BERRY
COUNSEL FOR DEFENDANTS

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IT IS SO ORDERED.
Dated: May 9, 2022
Troy L. Nunley
United States District Judge

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STIPULATION & ORDER RE LEAVE TO FILE SECOND AMENDED COMPLAINT

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