Danis v. County of Del Norte et al

Filing 29

ORDER regarding filing amendment to answer to complaint re 27 Stipulation filed by County of Del Norte. Signed by Judge Charles R. Breyer on 4/6/2010. (be, COURT STAFF) (Filed on 4/6/2010)

1 2 3 4 5 6 7 8 9

JONES & DYER A Professional Corporation 1800 J Street Sacramento, California 95811 Telephone: [phone] Fax: [phone] MARK A. JONES, SBN #96494 KRISTEN K. PRESTON, SBN #125455 Attorneys for: Defendants County of Del Norte, Del Norte County Sheriff Department, Dean Wilson, Bill Steven, James Couzens (sued herein as John Doe 1), Mike Seamen, James Burke (sued herein as John Doe 2), Sergeant Brett Fox (sued herein as John Doe 3) and Gary Potter UNITED STATES DISTRICT COURT

10 NORTHERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 18 19 20 21 22 On February 18, 2010, defendants County of Del Norte, Del Norte County Sheriff 23 Department, Dean Wilson, Bill Steven, James Couzens (sued herein as John Doe 1), Mike Seamen, 24 James Burke (sued herein as John Doe 2), Sergeant Brett Fox (sued herein as John Doe 3) and Gary 25 Potter filed their answer to complaint and demand for jury. Defendants' answer includes sixteen 26 affirmative defenses. The parties hereto stipulate and agree that said defendants may file an 27 amendment to their answer to include a seventeenth affirmative defense alleging that plaintiff failed 28
S T I P U L A T I O N AND ORDER RE FILING AM E N D M E N T TO ANSWER TO COM P L A I N T C A S E NO. CV 09 5924 CRB
H : \ M A J . c a s e s \ D a n i s v . D e l N o r t e \P l e a d i n g s \ S t i p a n d O r d e r r e filin g a m e n d m e n t to A C P . w p d

) ) ) Plaintiff, ) ) vs. ) ) COUNTY OF DEL NORTE; DEL NORTE ) COUNTY SHERIFF DEPARTMENT; DEAN ) WILSON; BILL STEVEN; JOHN DOE 1, ) A. K. A. OFFICER COUSINS; MIKE SEAMEN; ) JOHN DOE 2, AKA OFFICER BURKE; JOHN ) DOE 3, A.K.A. SERGEANT FOX; GARY ) POTTER; SUTTER HEALTH; SUTTER COAST ) HOSPITAL; and DOES 4 through 15, inclusive, ) ) Defendants. ) _________________________________________ ) JAMES DANIS,

NO. CV 09 5924 CRB STIPULATION AND ORDER REGARDING FILING AMENDMENT TO ANSWER TO COMPLAINT

-1-

1 2 3 4 5 6 7 8 9 10

to exhaust his administrative remedies prior to filing the present action. The parties stipulate and agree that said defendants may file the amendment to their answer to the complaint to include the following affirmative defense: As a seventeenth affirmative defense to plaintiff's complaint, defendants allege that plaintiff failed to exhaust his administrative remedies prior to filing this action, and as such, the complaint, and each cause of action thereof, is barred. DATED: April 1, 2010 SANFORD WITTELS & HEISLER LLP By: /s/ Thomas Marc Litton THOMAS MARC LITTON Attorneys for Plaintiff James Danis

11 12 13 14 15 16 17 18 19 20 21 22 23 By: 24 25 26 27 28 DATED: April 1, 2010 By: DATED: April 1, 2010

JONES & DYER /s/ Mark A. Jones MARK A. JONES Attorneys for Defendants County of Del Norte, Del Norte County Sheriff Department, Dean Wilson, Bill Steven, James Couzens (sued herein as John Doe 1), Mike Seamen, James Burke (sued herein as John Doe 2), Sergeant Brett Fox (sued herein as John Doe 3) and Gary Potter

LA FOLLETTE, JOHNSON, DE HAAS, FESLER & AMES /s/ Larry Thornton LARRY THORNTON Attorneys for Defendants Sutter Health and Sutter Coast Hospital

S T I P U L A T I O N AND ORDER RE FILING AM E N D M E N T TO ANSWER TO COM P L A I N T C A S E NO. CV 09 5924 CRB
H : \ M A J . c a s e s \ D a n i s v . D e l N o r t e \P l e a d i n g s \ S t i p a n d O r d e r r e filin g a m e n d m e n t to A C P . w p d

-2-

1 ORDER 2 The court having considered the foregoing stipulation of the parties, the court hereby orders 3 that defendants County of Del Norte, Del Norte County Sheriff Department, Dean Wilson, Bill 4 Steven, James Couzens (sued herein as John Doe 1), Mike Seamen, James Burke (sued herein as 5 John Doe 2), Sergeant Brett Fox (sued herein as John Doe 3) and Gary Potter may file an amendment 6 to their answer to the complaint to include a seventeenth affirmative defense alleging that plaintiff 7 failed to exhaust his administrative remedies, as specifically set forth in the stipulation. 8 9 April 6, 2010 DATED:_______________________

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

UNIT ED

_______________________________________ HON. CHARLES R. BREYER United States Federal JudgeED ORDER
. Breyer

S

10

S DISTRICT TE C TA

RT U O

ER

N

F D IS T IC T O R

S T I P U L A T I O N AND ORDER RE FILING AM E N D M E N T TO ANSWER TO COM P L A I N T C A S E NO. CV 09 5924 CRB
H : \ M A J . c a s e s \ D a n i s v . D e l N o r t e \P l e a d i n g s \ S t i p a n d O r d e r r e filin g a m e n d m e n t to A C P . w p d

-3-

A

C

LI

FO

J

arles R udge Ch

R NIA

IT IS S

O

NO

RT

H