Baires et al v. United States of America et al
Filing
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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:
+1 415 543 8700
Facsimile:
+1 415 391 8269
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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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
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