Baires et al v. United States of America et al

Filing 110

ORDER re Third Amended Complaint re 109 Stipulation filed by Teofilo Miranda, Dora Baires. Third Amended Pleadings due by 7/6/2011. Signed by Judge Charles R. Breyer on 6/3/2011. (be, COURT STAFF) (Filed on 6/6/2011)

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James M. Wood (SBN 58679)
Jayne E. Fleming (SBN 209026)
Amy Lifson-Leu (SBN 260062)
Katie B. Annand (SBN 260343)
REED SMITH LLP
101 Second Street, Suite 1800
San Francisco, CA 94105-3659
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for DORA BAIRES, individually, and
on behalf the estate of JUAN CARLOS
BAIRES; and Teofilo MIRANDA, an
individual.

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REED SMITH LLP

UNITED STATES DISTRICT COURT

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A limited liability partnership formed in the State of Delaware

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NORTHERN DISTRICT OF CALIFORNIA

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DORA BAIRES, et al.,
Plaintiffs,

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No.: C 09-05171 CRB
STIPULATION AND [PROPOSED]
ORDER RE PLAINTIFFS’ THIRD
AMENDED COMPLAINT

vs.
THE UNITED STATES OF AMERICA; et al.,
Defendants.

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STIPULATION AND [PROPOSED] ORDER RE PLAINTIFFS’ THIRD AMENDED COMPLAINT

STIPULATION AND [PROPOSED] ORDER

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Plaintiffs Dora Baires and Teofilo Miranda (“Plaintiffs”); Defendants United States of

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America, the Department of Homeland Security, United States Immigration and Customs

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Enforcement, the Division of Immigration Health Services, the Office of Detention and Removal,

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John P. Torres, James T. Hayes, Nancy Alcantar, Timothy Aitken, and Brian Myrick; and

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Defendants the County of Kern, Kern County Sheriff's Department, Kern Medical Center, Lerdo

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Detention Facility, Donald Youngblood, and Khosrow Mostofi, M.D., (“Kern County Defendants”)

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(“Federal Defendants” and “Kern County Defendants” collectively herein “Defendants”), through

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their respective counsel of record, hereby agree and stipulate as follows:

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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1.

Whereas, Plaintiffs filed their original complaint in this Action on October 30, 2009.

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Whereas, Plaintiffs filed their First Amended Complaint on May 4, 2010.

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Whereas, on September 8, 2010, the Court granted the Federal Defendants’ Motions

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to Dismiss Plaintiffs’ First Amended Complaint.
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4.

Whereas, on November 5, 2010, Plaintiffs filed their Second Amended Complaint.

5.

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Whereas, the Federal Defendants moved to dismiss the Second Amended Complaint,

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and on May 6, 2011, the Court issued an Order granting in part and denying in part the Federal
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Defendants’ Motions, without prejudice (“Order”).
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6.

Whereas, Plaintiffs now seek to file their Third Amended Complaint.

7.

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Whereas, the parties wish to set July 6, 2011, as the deadline to file the Third

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Amended Complaint to allow the Federal Defendants to produce any documents identified by the
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Court in its Order by June 6, 2011, and to allow Plaintiffs to review these documents.
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IT IS HEREBY STIPULATED AND AGREED, by and between the parties through their
respective counsel of record, that:

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STIPULATION AND [PROPOSED] ORDER RE PLAINTIFFS’ THIRD AMENDED COMPLAINT

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Plaintiffs may amend their complaint and file their Third Amended Complaint by or before

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July 6, 2011. Defendants shall have thirty (30) days to respond to the Third Amended Complaint

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after filing, provided that no new Federal Defendants are named. If Plaintiffs name new Federal

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Defendants, the Federal Defendants shall have sixty (60) days to respond to the Third Amended

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Complaint after filing.

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IT IS SO STIPULATED.

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DATED: June 1, 2011.
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REED SMITH LLP

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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By

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/s/ Katie B. Annand
Katie B. Annand
Attorneys for Plaintiffs

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DATED: June 1, 2011.
MELINDA HAAG

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By

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/s/ Abraham A. Simmons
Abraham A. Simmons Assistant United States
Attorney
Attorneys for Federal Defendants

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DATED: June 1, 2011.
THERESA A GOLDNER, COUNTY COUNSEL

By

/s/ Marshall S. Fontes
Marshall S. Fontes, Deputy County Counsel
Attorneys for Kern County Defendants

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STIPULATION AND [PROPOSED] ORDER RE PLAINTIFFS’ THIRD AMENDED COMPLAINT

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[PROPOSED] ORDER
IT IS HEREBY ORDERED, upon the consent of the parties, that Plaintiffs shall file their
Third Amended Complaint no later than July 6, 2011.

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DATED ____________, 2011.
June 3

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DISTR

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________________________________
C
AT Charles R. Breyer
Honorable
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United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER RE PLAINTIFFS’ THIRD AMENDED COMPLAINT