Yanke v. City of Oakland et al

Filing 62

STIPULATION AND ORDER ALLOWING Third Amended Complaint for filing on 4/24/2009 re 61 . Signed by Judge Elizabeth D. Laporte on 4/23/09. (lmh, COURT STAFF) (Filed on 4/23/2009)

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John Russo, City Attorney, State Bar No. 129729 Vicki A. Laden, Supervising Deputy City Attorney, State Bar No. 130147 Office of the City Attorney One Frank H. Ogawa Plaza, 6th Floor Oakland CA 94612 Telephone: [phone] Facsimile: [phone] Eugene B. Elliot, State Bar No. 111475 Christine Lee, State Bar No. 231617 Joshua K. Clendenin, State Bar No. 245564 BERTRAND, FOX & ELLIOT The Waterfront Building 2749 Hyde Street San Francisco, California 94109 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants CITY OF OAKLAND, WAYNE TUCKER DEBRA TAYLOR JOHNSON and KENNETH PARRIS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

CHRISTOPHER YANKE,

) ) Plaintiff, ) vs. ) ) CITY OF OAKLAND, WAYNE TUCKER, ) DEBRA TAYLOR JOHNSON; KENNETH ) PARRIS, STEPHEN RAFFLE, M.D., and DOES ) 1- 10, ) ) Defendants. ) )

Case No.: C08-04379 EDL STIPULATION AND [PROPOSED] ORDER ALLOWING THIRD AMENDED COMPLAINT FOR FILING ON APRIL 24, 2009

The parties, acting by and through their respective legal counsel, hereby stipulate to allow plaintiff to file a Third Amended Complaint with additional causes of action under California's Fair Employment and Housing Act for (1) disability discrimination; (2) failure to engage in the good faith interactive process; and (3) impermissible non-job related inquiry. Plaintiff will file his complaint by Friday, April 24, 2009. Defendants City of Oakland, Wayne Tucker, Debra Taylor Johnson, Kenneth Parris and Stephen Raffle, M.D. will file a
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STIPULATION AND [PROPOSED] ORDER ALLOWING THIRD AMENDED COMPLAINT

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responsive pleading ten (10) days after this order is signed. The parties agree that good cause exists for the above in the interests of judicial economy and to conserve the parties' resources. SO STIPULATED.

Dated: April 21, 2009

BERTRAND, FOX & ELLIOT

By:

/s/ Eugene B. Elliot Christine Lee Attorneys for Defendants CITY OF OAKLAND, WAYNE TUCKER, DEBRA TAYLOR JOHNSON and KENNETH PARRIS LYNCH, GILARDI & GRUMMER

Dated: April 21, 2009

By:

/s/ Robert T. Lynch Claudia Lozano Attorneys for Defendant STEPHEN M. RAFFLE, M.D. THE LAW OFFICES OF ALDEN KNISBACHER

Dated: April 21, 2009

By:

/s/ Alden Knisbacher Attorney for plaintiff CHRISTOPHER YANKE

ATTORNEY ATTESTATION I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this E-filed document.

Dated: April 21, 2009 Christine Lee

/s/

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STIPULATION AND [PROPOSED] ORDER ALLOWING THIRD AMENDED COMPLAINT

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ORDER Good cause appearing therefore, it is hereby ordered that plaintiff may file a Third Amended Complaint with additional causes of action under California's Fair Employment and Housing Act by Friday, April 24, 2009. Defendants will file a responsive pleading within 10 days of this order.

UNIT ED

The Honorable Elizabeth D. Laporte

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S DISTRICT TE C ______________________________________ TA

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