Frary et al v. County of Marin et al

Filing 36

ORDER by Magistrate Judge Maria-Elena James granting #35 Stipulation (rmm2S, COURT STAFF) (Filed on 2/8/2013)

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STEVEN M. WOODSIDE, INTERIM COUNTY COUNSEL
Steven M. Perl, Deputy SBN 100074
Renee Giacomini Brewer, Deputy SBN 173012
3501 Civic Center Drive, Room 275
San Rafael, CA 94903
Tel.: [phone], Fax: [phone]
Attorney(s) for the Defendants County of Marin,
Sheriff Robert T. Doyle, Deputy Rachel Hammer

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LYNNETTE FRARY, Individually and as
Administrator of the Estate of Anthony Brandon
Carmignani, Deceased, JAMIE BALL, as Natural
Guardian of Amaya Carmignani, a minor, and
HEATHER HOWARD,
Plaintiff,

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STIPULATION AND ORDER RE
AMENDMENT TO FIRST AMENDED
COMPLAINT

v.
COUNTY OF MARIN; CITY OF NOVATO;
SHERIFF ROBERT T. DOYLE, CHIEF JOSEPH
KREINS, DEPUTY RACHEL HAMMER,
OFFICER THOMAS MACKENZIE, OFFICER
MICHAEL DUNN, OFFICER STEPHANIE
COMMISTO, and DOES 1 to 50, inclusive,
Defendants.

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Case No.: CV-12-3928 MEJ

STIPULATION
IT IS HEREBY STIPULATED, by and between the parties hereto, by and between their
attorneys of record, as follows:
WHEREAS, plaintiffs inadvertently and unintentionally included DEPUTY RACHEL

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HAMMER as a defendant in Count Six of the First Amended Complaint (Survival Damages Based

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on Negligence),

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IT IS HEREBY STIPULATED as follows: The First Amended Complaint may and should

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be amended to delete the reference to defendant DEPUTY RACHEL HAMMER in Count Six. The

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allegations of the First Amended Complaint may and should otherwise remain as filed on January
Frary v. County of Marin, et al.
CV-12-3928 MEJ
Stipulation & Order re Amendment to 1st Amended Complaint

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17, 2013. Defendants’ pleadings or other response to the First Amended Complaint may and should

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remain due on the dates previously stipulated by the parties; this Stipulation and Order should not

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alter or affect those deadlines.

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Dated: February 6, 2013

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By: /s/_____________________________
Steven M. Perl, Deputy
Attorneys for County Defendants

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Dated: February 6, 2013

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Dated: February 6, 2013

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BONNER & BONNER
By: /s/_____________________________
A. Cabral Bonner
Attorneys for Plaintiff Heather Howard

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BRENT, FIOL & NOLAN, LLP
By: /s/_____________________________
David L. Fiol
Attorneys for Plaintiffs Lynette Frary and Jamie
Ball

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STEVEN M. WOODSIDE,
INTERIM COUNTY COUNSEL

Dated: February 6, 2013

BERTRAND, FOX & ELLIOT

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By: /s/_____________________________
Thomas F. Bertrand
Richard W. Osman
Attorneys for Novato Defendants

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ORDER

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IT IS SO ORDERED. The reference to defendant DEPUTY RACHEL HAMMER in Count
Six of the First Amended Complaint is hereby deemed deleted. All other allegations of the First

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Amended Complaint shall remain as filed on January 17, 2013. This Order shall not affect or alter

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any deadlines in place for the filing of any defendant’s pleading or other response to the First

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Amended Complaint.

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Dated: February____, 2013

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Frary v. County of Marin, et al.
CV-12-3928 MEJ
Stipulation & Order re Amendment to 1st Amended Complaint

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