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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1 2 3 4 5 6 7 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. 8 REED SMITH LLP UNITED STATES DISTRICT COURT 10 A limited liability partnership formed in the State of Delaware 9 NORTHERN DISTRICT OF CALIFORNIA 11 DORA BAIRES, et al., Plaintiffs, 12 13 14 15 No.: C 09-05171 CRB STIPULATION AND [PROPOSED] ORDER RE PLAINTIFFS’ THIRD AMENDED COMPLAINT vs. THE UNITED STATES OF AMERICA; et al., Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 28 –1– STIPULATION AND [PROPOSED] ORDER RE PLAINTIFFS’ THIRD AMENDED COMPLAINT STIPULATION AND [PROPOSED] ORDER 1 2 Plaintiffs Dora Baires and Teofilo Miranda (“Plaintiffs”); Defendants United States of 3 America, the Department of Homeland Security, United States Immigration and Customs 4 Enforcement, the Division of Immigration Health Services, the Office of Detention and Removal, 5 John P. Torres, James T. Hayes, Nancy Alcantar, Timothy Aitken, and Brian Myrick; and 6 Defendants the County of Kern, Kern County Sheriff's Department, Kern Medical Center, Lerdo 7 Detention Facility, Donald Youngblood, and Khosrow Mostofi, M.D., (“Kern County Defendants”) 8 (“Federal Defendants” and “Kern County Defendants” collectively herein “Defendants”), through 9 their respective counsel of record, hereby agree and stipulate as follows: REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 1. Whereas, Plaintiffs filed their original complaint in this Action on October 30, 2009. 2. Whereas, Plaintiffs filed their First Amended Complaint on May 4, 2010. 3. Whereas, on September 8, 2010, the Court granted the Federal Defendants’ Motions 11 12 13 14 to Dismiss Plaintiffs’ First Amended Complaint. 15 4. Whereas, on November 5, 2010, Plaintiffs filed their Second Amended Complaint. 5. 16 Whereas, the Federal Defendants moved to dismiss the Second Amended Complaint, 17 18 and on May 6, 2011, the Court issued an Order granting in part and denying in part the Federal 19 Defendants’ Motions, without prejudice (“Order”). 20 6. Whereas, Plaintiffs now seek to file their Third Amended Complaint. 7. 21 Whereas, the parties wish to set July 6, 2011, as the deadline to file the Third 22 23 Amended Complaint to allow the Federal Defendants to produce any documents identified by the 24 Court in its Order by June 6, 2011, and to allow Plaintiffs to review these documents. 25 26 27 IT IS HEREBY STIPULATED AND AGREED, by and between the parties through their respective counsel of record, that: 28 –2– STIPULATION AND [PROPOSED] ORDER RE PLAINTIFFS’ THIRD AMENDED COMPLAINT 1 Plaintiffs may amend their complaint and file their Third Amended Complaint by or before 2 July 6, 2011. Defendants shall have thirty (30) days to respond to the Third Amended Complaint 3 after filing, provided that no new Federal Defendants are named. If Plaintiffs name new Federal 4 Defendants, the Federal Defendants shall have sixty (60) days to respond to the Third Amended 5 Complaint after filing. 6 7 IT IS SO STIPULATED. 8 DATED: June 1, 2011. 9 REED SMITH LLP REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 By 11 /s/ Katie B. Annand Katie B. Annand Attorneys for Plaintiffs 12 13 14 DATED: June 1, 2011. MELINDA HAAG 15 By 16 17 /s/ Abraham A. Simmons Abraham A. Simmons Assistant United States Attorney Attorneys for Federal Defendants 18 19 20 21 22 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 23 24 25 26 27 28 –3– STIPULATION AND [PROPOSED] ORDER RE PLAINTIFFS’ THIRD AMENDED COMPLAINT 1 2 3 [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. 4 DATED ____________, 2011. June 3 S I 9 REED SMITH LLP ER LI harle Judge C 12 A H A limited liability partnership formed in the State of Delaware RT 11 yer s R. Bre NO 10 ERED R NIA 8 ORD T IS SO FO 7 RT U O 6 DISTR ICT ES ________________________________ C AT Charles R. Breyer Honorable T United States District Court Judge UNIT ED 5 N F D IS T IC T O R C 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 –4– STIPULATION AND [PROPOSED] ORDER RE PLAINTIFFS’ THIRD AMENDED COMPLAINT

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