Ayala v. Ayers et al

Filing 46

ORDER GRANTING 45 STIPULATION re Plaintiff's Filing of First Amended Complaint. Signed by Judge Jeffrey S. White on 6/21/12. (jjoS, COURT STAFF) (Filed on 6/21/2012)

Case3:10-cv-00979-JSW Document45 Filed06/20/12 Page1 of 3

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DEANNA L. KWONG (SBN 233480)
COVINGTON & BURLING LLP
333 Twin Dolphin Drive, Suite 700
Redwood Shores, CA 94065
Tel. [phone]
Fax [phone]
[e-mail]
TESS A. HAMILTON (SBN 279738)
COVINGTON & BURLING LLP
One Front Street, 35th Floor
San Francisco, California 94111
Tel. [phone]
Fax. [phone]
[e-mail]
Attorneys for Plaintiff
REYNALDO AYALA

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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REYNALDO AYALA,

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Plaintiff,

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v.

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ROBERT AYERS, JR., et al.,
Defendants.

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STIPULATION AND [PROPOSED] ORDER REGARDING
PLAINTIFF’S FILING OF FIRST AMENDED COMPLAINT
Case No.: C 10-0979 JSW (PR)

Case No.: C 10-0979 JSW (PR)
STIPULATION AND [PROPOSED]
ORDER REGARDING
PLAINTIFF’S FILING OF FIRST
AMENDED COMPLAINT

Case3:10-cv-00979-JSW Document45 Filed06/20/12 Page2 of 3

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This Stipulation and Proposed Order is entered into by and among the parties to
the above-captioned action.

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WHEREAS, on or about March 8, 2010, Plaintiff Reynaldo Ayala filed pro se a

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complaint in the United States District Court for the Northern District of California (Docket No.

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1);

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WHEREAS, on April 13, 2012, the Court appointed pro bono counsel to
represent Plaintiff (Docket No. 38);

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WHEREAS, Plaintiff, through his recently appointed pro bono counsel, intends

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to file a first amended complaint and Defendants consent to that filing (see Docket No. 41 at 6);

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WHEREAS, at the Initial Case Management Conference held on June 15, 2012,

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the Court ordered Plaintiff to prepare and file a stipulation and proposed order regarding the

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filing of a first amended complaint, in lieu of a motion for leave to amend the initial complaint;

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The parties agree as follows and request that the Court enter an Order approving

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this Stipulation:

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1.

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Plaintiff in the above-captioned case shall file a first amended complaint on or

before June 22, 2012.
2.

This Stipulation concerning the filing of a first amended complaint does not alter

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the July 27, 2012 deadline that the Court has established for Plaintiff to file a motion for leave to

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file a further amended complaint to add Nurse Edmonds as a defendant.

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3.

Neither this Stipulation concerning the filing of a first amended complaint nor

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the July 27, 2012 deadline for any motion for leave to amend the complaint to add Nurse

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Edmonds shall foreclose Plaintiff from seeking leave to otherwise further amend the pleadings

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based on information obtained during discovery and his new counsel’s investigation, which is

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ongoing. As set forth in the parties’ June 8, 2012 Joint Case Management Statement and

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[Proposed] Order (Docket No. 41), the final deadline for any such further amendment of the

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pleadings shall be September 14, 2012, and any further amendment may be offered only upon a

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showing of good cause.

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IT IS SO STIPULATED.
STIPULATION AND [PROPOSED] ORDER REGARDING
PLAINTIFF’S FILING OF FIRST AMENDED COMPLAINT
Case No.: C 10-0979 JSW (PR)

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Case3:10-cv-00979-JSW Document45 Filed06/20/12 Page3 of 3

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Dated: June 20, 2012

By:

/s/ Deanna L. Kwong
Deanna L. Kwong
COVINGTON & BURLING LLP
Attorneys for Plaintiff Reynaldo Ayala

Dated: June 20, 2012

By:

/s/ Erin Sullivan
Erin B. Sullivan
Deputy Attorney General
Attorney for Defendants Wagner, Schlosser,
Hansen, Guthrie, and Faaita

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ATTESTATION: Pursuant to General Order 45, Part X-B, the filer attests that concurrence in

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the filing of this document has been obtained from all signatories.

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IT IS SO ORDERED.
Dated:

June 21, 2012

By:

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JEFFREY S. WHITE
UNITED STATES DISTRICT COURT JUDGE

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STIPULATION AND [PROPOSED] ORDER REGARDING
PLAINTIFF’S FILING OF FIRST AMENDED COMPLAINT
Case No.: C 10-0979 JSW (PR)

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