Ruiz v. Sawaya et al

Filing 111

STIPULATION AND ORDER re 110 STIPULATION WITH PROPOSED ORDER to Reinstate Common Law Claims filed by Ruben J. Ruiz. Signed by Judge Jon S. Tigar on September 23, 2014. (wsn, COURT STAFF) (Filed on 9/23/2014)

1
2
3
4

SCHIFF HARDIN LLP
Robert B. Mullen (SB #136346)
[e-mail]
One Market
Spear Tower, Suite 3200
San Francisco, CA 94105
Telephone:
415.901.8700
Facsimile:
415.901.8701

5
6

Attorneys for Plaintiff
RUBEN J. RUIZ

7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11
12

RUBEN J. RUIZ,

13

Case No. 11-3126 JST (PR)
Plaintiff,

14

v.

15

STIPULATION TO AMEND COMPLAINT
TO REINSTATE COMMON LAW
CLAIMS; [PROPOSED] ORDER

CORRECTIONAL OFFICER M.
SAWAYA, et al.,

16
Defendants.
17
18
19

Plaintiff Ruben J. Ruiz (“Plaintiff”) and defendants M. Sawaya, N. Daharsh, and J. Shaw
(“Defendants”) enter the following stipulation:

20

WHEREAS on June 24, 2011, Plaintiff filed his complaint which includes claims under

21

the Civil Rights Act, 42 U.S.C. § 1983 as well as common law claims under California law for

22

assault and battery and negligence (Doc. 1);

23

WHEREAS on October 20, 2011 the Court issued an order directing Defendants to file a

24

dispositive motion, in which the Court dismissed Plaintiff’s state law claims without prejudice

25

and provided that “Plaintiff may amend his complaint to include such claims if his complaint

26

survives summary judgment.” (Doc. 5);

27
28
S CHIFF H ARDIN LLP
ATTORNEYS AT LAW
SAN FRANCISCO

WHEREAS Plaintiff’s complaint has survived summary judgment, as the Court denied
Defendants’ motion for summary judgment by order dated October 5, 2013 (Doc. 88);
STIPULATION TO AMEND COMPLAINT TO
REINSTATE COMMON LAW CLAIMS; [PROPOSED] ORDER

1
2

WHEREAS the Court has scheduled a trial date and has instructed Plaintiff to bring any
motion to amend the complaint by September 26, 2014 (Docs. 108, 109); and

3

WHEREAS the parties have now determined that Plaintiff has satisfied the pre-suit

4

requirement for tort claims under California Government Code § 905, et seq. by timely presenting

5

a claim for damages to the California Victims Compensation and Government Claims Board

6

(VCGCB) within six months of the subject incident;

7

NOW, THEREFORE, Plaintiff and Defendants agree that Plaintiff’s original complaint on

8

file herein shall be deemed to be amended to include his causes of action for assault, battery and

9

negligence under the common law of California, and that such claims be considered reinstated for

10
11
12

purposes of trial in this action.
Defendants further agree to file answers to the complaint, as amended, within thirty (30)
days of execution of this stipulation.

13
14

Dated: September 19, 2014

SCHIFF HARDIN LLP

15
16

By: /s/ Robert B. Mullen
Robert B. Mullen
Attorneys for Plaintiff Ruben J. Ruiz

17
18

Dated: September 19, 2014

KAMALA D. HARRIS

Attorney General of California
JAY C. RUSSELL
Supervising Deputy Attorney General

19
20
21

By: /s/ Giam M. Nguyen
GIAM M. NGUYEN
Deputy Attorney General
Attorneys for Defendants
M. Sawaya, N. Daharsh, and J. Shaw

22
23
24
25
26
27
28
S CHIFF H ARDIN LLP
ATTORNEYS AT LAW
SAN FRANCISCO

-2STIPULATION TO AMEND COMPLAINT TO
REINSTATE COMMON LAW CLAIMS; [PROPOSED] ORDER

1
2
3
4
5
6

Certification of Compliance with N.D. Cal. L.R. 5.1(i)(3)
I hereby certify that pursuant to N.D. Cal. L.R. 5.1(i)(3), I have obtained the authorization
from the above signatories to file the above-referenced document, and that the above signatories
concur in the filing’s content.
I certify under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed on September 19, 2014.

7
SCHIFF HARDIN LLP
8
9
By:
10
11

/s/ Robert B. Mullen
Robert B. Mullen
Attorneys for Plaintiff
Rubin J. Ruiz

12
IT IS SO ORDERED.

Dated: September 23 2014
___________,

UNITED STATES DISTRICT JUDGE

RT

19

n
J u d ge J o

ER

H

20
21

S . Ti ga r

FO

SF\321194332.1

NO

18

LI

17

DERED

O OR
IT IS S

R NIA

16

UNIT
ED

15

S DISTRICT
TE
C
TA

RT
U
O

S

14

A

13

N

F
D IS T IC T O
R

C

22
23
24
25
26
27
28
S CHIFF H ARDIN LLP
ATTORNEYS AT LAW
SAN FRANCISCO

-3STIPULATION TO AMEND COMPLAINT TO
REINSTATE COMMON LAW CLAIMS; [PROPOSED] ORDER