Rivers v. County of Marin et al

Filing 30

STIPULATION AND ORDER re 29 Stipulation filed by Michael Daly, County of Marin, Terri Hampton, William Burke, Simone Rivers, Motions terminated: 21 MOTION to Dismiss the First, Second, Third, Tenth, Eleventh and Fourteenth Causes of Action as Against Defendant William Burke filed by County of Marin.. Signed by Judge Edward M. Chen on 10/21/09. (bpf, COURT STAFF) (Filed on 10/21/2009)

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PATRICK K. FAULKNER, COUNTY COUNSEL Stephen Raab, SBN 180939 3501 Civic Center Drive, Room 275 San Rafael, CA 94903 Tel.: [phone], Fax: [phone] Attorney(s) for Defendants County of Marin William Burke, Mike Daly, and Terri Hampton David M. Poore, SBN 192541 KAHN BROWN & POORE LLP 30 Fifth Street, Second Floor Petaluma, California 94952 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Plaintiff SIMONE RIVERS UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

SIMONE RIVERS; Plaintiff, v. COUNTY OF MARIN; WILLIAM BURKE MICHAEL DALY; TERRI HAMPTON; and DOES 1 through 50, Defendants.

Case No.: USDC 09 1614 EMC STIPULATION AND PROPOSED ORDER TO FILE AND SERVE FIRST AMENDED COMPLAINT

IT IS HEREBY STIPULATED by and between the parties to allow plaintiff Simone Rivers to file and serve a First Amended Complaint, which is attached hereto as Exhibit A. There is good cause for the stipulation to file an amended complaint as follows: · The Court-Ordered Meet and Confer: The parties have engaged in a conference with the Court regarding the Complaint, and, after much discussion, the Court ordered a meet and confer to address defendants' concerns with the Complaint, including whether Ms. Hampton is a proper
STIPULATION AND PROPOSED ORDER TO F ILE FIRST AMENDED COMPLAINT RIVERS v. COUNTY OF MARIN ET AL, CASE NO. C09-1614 EMC

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party to this action. The parties met and conferred on October 12, 2009, and agreed to the filing of amended complaint. As part of the agreement, the plaintiff will be dismissing Ms. Hampton as a defendant, as set forth below, will be providing more detail as to the allegations against Daly and Burke, and defendants have stipulated that Hampton was not the decision-maker with respect to plaintiff's separation from employment; Stipulation of Facts with Respect to Defendant Hampton: The parties, through their respective counsel of record below, hereby agree to the following stipulation of facts that will be reflected in the First Amended Complaint: "Burke was the decision-maker to separate Rivers' from her employment at the County, be it through accepting the resignation of Rivers through job abandonment, or by termination of Rivers, the circumstances of which the parties dispute". As a result of this stipulation, plaintiff will be dismissing defendant Hampton from this action through the filing of a First Amended Complaint. Each party to bear its own costs and attorneys' fees as to Hampton only.

SO STIPULATED.

Dated: ___10/20/09____________

KAHN, BROWN & POORE LLP BY:______/s/ David M. Poore________ DAVID POORE Attorney for Plaintiff

Dated: ___10/20/09____________

PATRICK K. FAULKNER MARIN COUNTY COUNSEL BY:____/s/ Stephen Raab_____________ STEPHEN RAAB Attorney for Defendant County of Marin

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STIPULATION AND PROPOSED ORDER TO FILE FIRST AMENDED COMPLAINT RIVERS v. COUNTY OF MARIN ET AL, CASE NO. USDC 09 1614 EMC

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PROPOSED ORDER

THE COURT HEREBY ORDERS AS FOLLOWS: The parties' stipulation and proposed order to file a First Amended Complaint is approved and Granted. The plaintiff may file the proposed First Amended Complaint within ten (10) days after service of this Order. The hearing on Defendant Burke's motion to dismiss currently set for 11/4/09 at 10:30 a.m. is vacated.

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STIPULATION AND PROPOSED ORDER TO FILE FIRST AMENDED COMPLAINT RIVERS v. COUNTY OF MARIN ET AL, CASE NO. USDC 09 1614 EMC

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__________________________________ HON. EDWARD M. CHEN RED ORDE T IS SO JUDGE D I U.S. MAGISTRATE DIFIE

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October 21, 2009 _______________________

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