Crump

Filing 64

STIPULATION AND ORDER re 62 Regarding Defendant M. Gordon's Motion to Dismiss First Amended Complaint filed by Steve Crump, Motions terminated: 56 MOTION to Dismiss First Amended Complaint filed by M. Gordon, 62 STIPULATION WITH PROPOSED ORDER Regarding Defendant M. Gordon's Motion to Dismiss First Amended Complaint filed by Steve Crump.. Signed by Judge Edward M. Chen on 11/7/14. (bpf, COURT STAFF) (Filed on 11/7/2014)

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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

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DONNA R. ZIEGLER (Bar No. 142415)
County Counsel
JILL SAZAMA (Bar No. 214215)
Deputy County Counsel
E-mail: [e-mail]
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.

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WARDEN GREGORY AHERN et al,

Civil Case No. C12-04357 EMC
STIPULATION AND [PROPOSED]
ORDER REGARDING DEFENDANT
M. GORDON’S MOTION TO DISMISS
FIRST AMENDED COMPLAINT

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Defendants.

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STIP. AND [PROPOSED] ORDER RE: DEF. GORDON’S MTD 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 subject to the Court’s approval,

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Plaintiff voluntarily dismisses the Second Cause of Action of the First Amended Complaint

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(Dkt. No. 53); Defendant M. Gordon withdraws his Motion to Dismiss the First Amended

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Complaint (Dkt. No. 56), which relates to the Second Cause of Action; and the parties will

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proceed with the balance of the First Amended Complaint intact. This Stipulation is based on

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the following:

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1.

On September 30, 2014, Plaintiff filed a First Amended Complaint (Dkt. No. 53)

with two causes of action.
2.

On October 14, 2014, Defendant M. Gordon filed a Motion to Dismiss the First

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Amended Complaint (Dkt. No. 56) (the “Motion”), relating solely to the Second Cause of

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Action of the First Amended Complaint.

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3.

Plaintiff does not oppose the Motion, and instead hereby voluntarily dismisses

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the Second Cause of Action, rendering the Motion moot. In response, Defendant M. Gordon

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hereby withdraws the Motion.

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4.

The parties will proceed with the balance of the First Amended Complaint intact.

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5.

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

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By:

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DATED: November 5, 2014

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

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STIP. AND [PROPOSED] ORDER RE: DEF. GORDON’S MTD FIRST AMENDED COMPLAINT

C12-04357 EMC

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DATED: November 5, 2014

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

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/s/ Jill Sazama
Jill Sazama
Attorneys for Defendant
DEPUTY M. GORDON

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7th
Nov.
SIGNED on the _____ day of ____________, 2014.

S DISTRICT
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Judge, United States District Court
for the Northern District of Californian
Che
ard M.
dge Edw
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H

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FO

NO

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R NIA

DERED
SO OR
IT IS
THE HONORABLE EDWARD M. CHEN

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A

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Pursuant to stipulation, IT IS SO ORDERED.

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[PROPOSED] ORDER

UNIT
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F
D IS T IC T O
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STIP. AND [PROPOSED] ORDER RE: DEF. GORDON’S MTD FIRST AMENDED COMPLAINT

C12-04357 EMC