Hamer v. City of Eureka et al

Filing 39

ORDER re 36 STIPULATION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT. Signed by Judge Jeffrey S. White on 05/17/2013. (jmdS, COURT STAFF) (Filed on 5/17/2013)

Case3:12-cv-06077-JSW Document36 Filed05/17/13 Page1 of 3

David P. Dibble, Esq. #73938

LAW OFFICES OF DAVID DIBBLE
123 F. St., Suite D
Eureka CA 95501
Telephone: [phone]
Facsimile: [phone]
[e-mail]

email:

Attorneys for Plaintiff Andrew Hamer

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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Plaintifi

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CITY OF EUREKA; COUNTY OF
HUMBOLDT; CITY OF ARCATA; STATE
OF CALIFORNIA, DEPARTMENT OF THE
HIGHWAY PATROL; TERRY LILES,
MURL HARPHAM; BILL NOV& JOHN
DOE I,

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CaseNo. CV 12 -6077-JSW

ANDREW HAMER,

STIPULATION FOR LEAVE TO FILE
SECOND AMENDED COMPLAINT;
DECLARATION IN STJPPORT
THEREOF; ORDER

Defendants.

STIPULATION

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The parties to this action hereby stipulate that plaintiffbe granted leave to file the

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proposed Second Amended Complaint, a copy of which is attached hereto as Exhibit 1.

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DATED:

May 16,2013

LAW OFFICES OF DAVID DIBBLE

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By:

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/s/ David P. Dibhle
David P. Dibble, Esq.
Attomeys for PlaintiffAndrew Hamer

ilt

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Stipuhtion for Leare to File Second Amended Gomplaint; Dec'laration in Support Thercot Oder - CV 126077-JSW

Case3:12-cv-06077-JSW Document36 Filed05/17/13 Page2 of 3

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DATED:

May 16,2013

MITCHELL, BRISSO, DELANEY & VRIEZE, LLP

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By:

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Nancy K. Delaney, Esq.
Attorneys for defendants Clty of Eureka, City of
Arcata Terry Liles, Murl Harpham and Bill Nova

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DATED:

ZWERDLING, BRAGG & MAINZER" LLP

May 16,2013

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By:
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V/illiam R. Bragg, Esq.
Attorneys for defendant County of Humboldt

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DECLARATTON Otr'DAVID p. DIBBLE, ESQ.IN SUPPORT OF STTPULATION FOR
LEAVA TO FILE SECOND AMENDED COMPLAINT

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I, DAVID P. DIBBLE, declare:
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That I am an attomey at law admitted to practice before this Court and all
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of the State of California and have my offrces in Eureka Humboldt County, California and
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one of the attorneys for the plaintiff in the within action. That I have personal knowledge

of

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following facts and if called upon to testiff could competently testiff thereto.
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Upon the filing of the Complaint in this action, plaintiff was unaware of

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identity of one of the law enforcernent personnel that assisted in the restraint and detention
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plaintiffon the morning of November 11,2011. In addition, plaintiffwas unaware of

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ernployer of that person. Accordingly, that person was named in the Complaint as John Doe
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and the agencies participating in this enforcement action were rulmed as his employer.
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Since filing the complaint, defendant County

of Humboldt has identified

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person as Humboldt County Sheriff Deputy SethN. Crosswhite. Accordingly, plaintiffdesires
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file a Second Amended Complaint naming Deputy
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defendant John Doe
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Seth

N. Crosswhite in place and in

stead

Plaintiff has also agreed to dismiss the City of Arcata upon i

representation that none of its personnel were involved in the restraint and detention of plaintiff

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The proposed Second Amended Complaint incorporates these changes.
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Stipulation for Leave to File

Sesnd Amended Complaint Declaration in Suppott Thereot Oder - CV 12€077-,SW

Case3:12-cv-06077-JSW Document36 Filed05/17/13 Page3 of 3

I declare under penalty of perjury that the foregoing is fue and corrcct.
Executed

this l6th day of May . 2013 at Nashville,

Tennessee.

ORDER
PURSUAI{T TO STIPULATION,IT IS SO ORDERED.

May 17, 2013

Hon. Jeftey S. White, Judge

Slipulation for

lsave to F[o Seco{rd Arncnded Cdnphht Dcdaration

in Suppod

Thcruot Oter - g1/ l2-SZ-rSVl,