Crump

Filing 55

STIPULATION AND ORDER re 54 STIPULATION WITH PROPOSED ORDER re 53 Amended Complaint filed by Steve Crump. Signed by Judge Edward M. Chen on 9/30/14. (bpf, COURT STAFF) (Filed on 9/30/2014)

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DAVID B. BAYLESS (Bar No. 189235)
E-mail: [e-mail]
CLARA J. SHIN (Bar No. 214809)
E-mail: [e-mail]
REBECCA A. JACOBS (Bar No. 294430)
E-mail: [e-mail]
COVINGTON & BURLING LLP
One Front Street, 35th Floor
San Francisco, California 94111-5356
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
STEVE CRUMP
DONNA R. ZIEGLER (Bar No. 142415)
County Counsel
By: JILL SAZAMA (Bar No. 214215)
E-mail: [e-mail]
Deputy County Counsel
Office of the County Counsel
1221 Oak Street, Suite 450
Oakland, California 94612
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
DEPUTY M. GORDON

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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STEVE CRUMP,

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Plaintiff,
v.
WARDEN GREGORY AHERN et al,

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Defendants.

Civil Case No.: C12-04357 EMC
STIPULATION AND [PROPOSED]
ORDER REGARDING PLAINTIFF’S
FILING OF FIRST AMENDED
COMPLAINT

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STIP. AND [PROPOSED] ORDER RE: PLAINTIFF’S FILING OF FIRST AMENDED COMPLAINT

C12-04357 EMC

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Pursuant to Civil Local Rule 7-12, IT IS HEREBY STIPULATED by and between the

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parties hereto through their respective attorneys of record, that if the Court approves, the First

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Amended Complaint submitted by Plaintiff with this stipulation, shall be considered filed by

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Plaintiff as of September 30, 2014. The stipulation is based on the following:

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1.

On or about August 31, 2012, Plaintiff Steve Crump (“Plaintiff”) filed a pro se

complaint in the United States District Court for the Northern District of California (Dkt. No. 4).
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On May 10, 2013, Defendant M. Gordon (“Defendant”) filed an Answer to

Plaintiff’s pro se complaint (Dkt. No. 15).
3.

On or about March 28, 2014, Plaintiff filed a proposed amended complaint but

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never sought the Court’s leave to file such complaint (Dkt. No. 37), and Defendant never filed

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an answer.

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4.

On July 10, 2014, the Court appointed pro bono counsel to represent Plaintiff

(Dkt. No. 42).
5.

On September 12, 2014, following a Case Management Conference, the Court

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ordered, “Amended Complaint shall be 9/30/14. Any further amendment shall be filed by

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11/30/14.” (Dkt. No. 52).

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6.

Plaintiff, through his recently appointed pro bono counsel, intends to file the

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attached First Amended Complaint, and Defendants consent to that filing subject to, and without

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waiving, any disputes, defenses or objections that he may have to said pleading.

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STIP. AND [PROPOSED] ORDER RE: PLAINTIFF’S FILING OF FIRST AMENDED COMPLAINT

C12-04357 EMC

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7.

The parties respectfully request that the Court enter an Order approving this

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stipulation. In accordance with Civil Local Rule 5-1(i)(3), the filer of this document attests that

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the concurrence in the filing of this document has been obtained from the other signatory hereto.
Respectfully submitted,

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DATED: September 30, 2014

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DAVID B. BAYLESS
CLARA J. SHIN
REBECCA A. JACOBS
COVINGTON & BURLING LLP

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By:
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/s/ Rebecca A. Jacobs
Rebecca A. Jacobs
Attorneys for Plaintiff
STEVE CRUMP

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DATED: September 30, 2014

DONNA R. ZEIGLER,
County Counsel in and for the County of
Alameda, State of California
By:

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/s/ Jill Sazama
Jill Sazama
Deputy County Counsel
Attorneys for Defendant
DEPUTY M. GORDON

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R NIA

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D

S

RDERE

OO
IT IS S

ER

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LI

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FO

NO

n
M. Che
THE HONORABLEeEDWARD M. CHEN
Edward
Judg
Judge, United States District Court
for the Northern District of California

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A

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Pursuant to stipulation, IT IS SO ORDERED.
30th
Sept.
SIGNED on the _____ day of ____________, 2014.

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[PROPOSED] ORDER

UNIT
ED

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STIP. AND [PROPOSED] ORDER RE: PLAINTIFF’S FILING OF FIRST AMENDED COMPLAINT

C12-04357 EMC