Minter et al v. City of San Pablo et al

Filing 36

STIPULATION AND ORDER GRANTING PLAINTIFF LEAVE TO FILE SECOND AMENDED COMPLAINT re 34 STIPULATION WITH PROPOSED ORDER GRANTING PLAINTIFFS LEAVE TO FILE SECOND AMENDED COMPLAINT filed by City of San Pablo, Mark Edward Galios. Signed by Judge Jacqueline Scott Corley on December 7, 2012. (wsn, COURT STAFF) (Filed on 12/7/2012)

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JAMES V. FITZGERALD, III (State Bar No. 55632)
PETRA BRUGGISSER (State Bar No. 241173)
NOAH G. BLECHMAN (State Bar No. 197167)
MCNAMARA, NEY, BEATTY, SLATTERY,
BORGES & AMBACHER LLP
1211 Newell Avenue
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
CITY OF SAN PABLO, OFFICER MARK GALIOS

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ATTORNEYS AT LAW
1211 NEWELL AVENUE, WALNUT CREEK, CA 94596
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

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Edi M. O. Faal, Esq. State Bar No.: 107477
Renée L. Campbell, Esq. State Bar No.: 104020
LAW OFFICES OF EDI M. O. FAAL
1055 W. 7th Street, Suite 2140
Los Angeles, California 90017
Telephone: [phone]
Facsimile: [phone]
e-Mail Address: [e-mail]
Attorney for Plaintiffs
RHONDA MINTER GUARDIAN AD LITEM FOR ISAIAH
MINTER; IMANI MINTER; JAYSHON HOPKINS; AHMIK
HOPKINS-MINTER

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RHONDA MINTER GUARDIAN AD
LITEM FOR ISAIAH MINTER; IMANI
MINTER;JAYSHON BROOKS; AHMIK
HOPKINS-MINTER ARI; ZION
HOPKINS-MINTER,
Plaintiff,

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vs.

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CITY OF SAN PABLO; POLICE
OFFICER MARK EDWARD GALIOS;
DOES 1 through X,

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Defendant.

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C12-02905 JSC

Case No. C12-02905 JSC
STIPULATION AND PROPOSED ORDER
GRANTING PLAINTIFFS LEAVE TO
FILE SECOND AMENDED COMPLAINT

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TO THE HONORABLE COURT:

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WHEREAS, Defendants previously filed a Rule 12 motion to dismiss Plaintiffs’
Complaint which was granted by the Court on October 26, 2012, with leave to amend;

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WHEREAS, Plaintiffs have timely filed a First Amended Complaint;
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WHEREAS, Defendants contend that the First Amended Complaint is still deficient

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because it includes claims that are barred as a matter of law, including state law claims

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(negligence) on behalf of the minor Plaintiffs that are barred by California Government Code §§

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ATTORNEYS AT LAW
1211 NEWELL AVENUE, WALNUT CREEK, CA 94596
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

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945.4 and 950.2, as well as non-viable 42 U.S.C. § 1983 federal claims for alleged excessive

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force under the 5th and 14th Amendment in the Second Cause of Action, by the minor Plaintiffs on
behalf of the Decedent as his successor in interest;

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WHEREAS, Defense counsel contacted Plaintiffs’ counsel in a good faith attempt to

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meet and confer on the deficient claims. Plaintiffs’ counsel has agreed to strike the negligence

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state law claim (paragraphs 26 through 30) in its entirety, as well as the claims for excessive force

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in violation of the 5th and 14th Amendment under (42 U.S.C. § 1983), specifically as stated in

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paragraph 17 of Plaintiffs’ First Amended Complaint;

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WHEREAS, the parties have agreed in the interest of judicial economy to stipulate to

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grant leave to the Plaintiffs to file a Second Amended Complaint without the deficient claims, in

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lieu of Defendants having to file another Rule 12 motion to dismiss that claim;

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NOW THEREFORE the parties hereby agree and stipulate to allow Plaintiffs to file a
Second Amended Complaint without the state law negligence claim and without the claims for

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excessive force in violation of the 5th and 14th Amendment under (42 U.S.C. § 1983), as currently
plead in Plaintiffs’ First Amended Complaint (paragraphs 17, 26 through 30).

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SO STIPULATED.
///
C12-02905 JSC

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Dated: December 6, 2012

LAW OFFICES OF EDI M. O. FAAL

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By: ____/s/ Renee L. Campbell__________
Renée L. Campbell
Attorney for Plaintiffs

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Dated: December 6, 2012

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ATTORNEYS AT LAW
1211 NEWELL AVENUE, WALNUT CREEK, CA 94596
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

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MC NAMARA, NEY, BEATTY, SLATTERY, BORGES
& AMABACHER LLP

By: ___/s/ James V. Fitzgerald, III__________
James V. Fitzgerald, III, Esq.
Petra Bruggisser, Esq.
Attorney for Defendants

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C12-02905 JSC

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[PROPOSED] ORDER
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The Plaintiffs are granted leave to file a Second Amended Complaint. The Second
Amended Complaint shall not contain any state law negligence claim and shall not contain any
claims for excessive force in violation of the 5th and 14th Amendment under 42 U.S.C. § 1983 by
the minor Plaintiffs on behalf of the decedent as his successor in interest.

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ATTORNEYS AT LAW
1211 NEWELL AVENUE, WALNUT CREEK, CA 94596
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

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PURSUANT TO THE PARTIES’ STIPULATION, IT IS HEREBY ORDERED THAT:

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IT IS SO ORDERED.
Dated: December 7, 2012

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By:

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_____________________________________
Hon. Jacqueline Scott Corley
Magistrate Judge of the District Court

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C12-02905 JSC

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