Olsen v. The City of Oakland et al

Filing 49

ORDER by Judge Susan Illston granting 48 Stipulation to Correct Caption Page on First Amended Complaint and to Correct Summons on First Amended Complaint (tfS, COURT STAFF) (Filed on 9/27/2013)

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JAMES B. CHANIN (SBN# 76043)
JULIE M. HOUK (SBN# 114968)
Law Offices of James B. Chanin
3050 Shattuck Avenue
Berkeley, California 94705
Telephone: [phone]; Facsimile: 510.848.5819
Email: [e-mail]
RACHEL LEDERMAN (SBN 130192)
Rachel Lederman & Alexis C. Beach
Attorneys at Law
558 Capp Street
San Francisco, CA 94110
Telephone: [phone]; Facsimile: 415.285.5066
Email: [e-mail]
Attorneys for Plaintiff
Scott Olsen

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
SCOTT OLSEN,

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Plaintiff,

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vs.

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CITY OF OAKLAND; et al.,

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Defendants.

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CASE NO: C12-06333 SI
STIPULATION AND [PROPOSED]
ORDER TO CORRECT CAPTION PAGE
ON FIRST AMENDED COMPLAINT
AND TO CORRECT SUMMONS ON
FIRST AMENDED COMPLAINT
Current Hearing Date: 9.13.13
Proposed Hearing Date: 9.27.13
Time: 2:30 p.m.
Courtroom: 10, 19th Floor
The Honorable Susan Illston

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STIP AND [PROP.] ORDER TO CORRECT CAPTION/SUMMONS
Olsen v. City of Oakland, et al., Case No. C12-06333 SI
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Whereas, the caption page to the Plaintiff’s First Amended Complaint inadvertently
omitted reference to Defendant Roland Holmgren, who was joined as a defendant in this action

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pursuant to stipulation and is referred to in the body of said First Amended Complaint; and

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whereas Defendant Roland Holmgren was also inadvertently omitted from the Summons on the

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Plaintiff’s First Amended Complaint,

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THE PARTIES, BY AND THROUGH THEIR RESPECTIVE COUNSEL OF

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RECORD, DO HEREBY STIPULATE AND AGREE THAT these omissions shall be corrected

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as follows:

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1. The corrected caption page to the Plaintiff’s First Amended Complaint, which is
attached and incorporated herein by reference as Exhibit 1, shall be considered to substitute for
all purposes for the caption page only on the Plaintiff’s First Amended Complaint that was filed

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with the Court on September 11, 2013. In all other respects, the Plaintiff’s First Amended
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Complaint shall be that which was filed with the Court on September 11, 2013; and,
2. The Corrected Summons on the First Amended Complaint, that is attached and
incorporated herein by reference as Exhibit 2, shall substitute for all purposes for the Summons

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previously issued by the Court on the First Amended Complaint on September 13, 2013, and

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shall be issued in said corrected form by the Clerk of the Court.

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IT IS SO STIPULATED AND AGREED:

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Dated: September ___, 2013

_________/S/___________________________
JAMES B. CHANIN
Attorney for Plaintiff

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Dated: September ___, 2013

/S/
____________________________________
WILLIAM E. SIMMONS
Attorney for City of Oakland Defendants

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/S/
___________________________________
JOHN J. VERBER
Attorney for Defendant Robert Roche
STIP AND [PROP.] ORDER TO CORRECT CAPTION/SUMMONS
Olsen v. City of Oakland, et al., Case No. C12-06333 SI
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Dated: September ___, 2013
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PURSUANT TO STIPULATION,
IT IS SO ORDERED:

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Dated: September ___, 2013

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_____________________________________
SUSAN ILLSTON
Judge of the United States District Court

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STIP AND [PROP.] ORDER TO CORRECT CAPTION/SUMMONS
Olsen v. City of Oakland, et al., Case No. C12-06333 SI
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JAMES B. CHANIN (SBN# 76043)
JULIE M. HOUK (SBN# 114968)
Law Offices of James B. Chanin
3050 Shattuck Avenue
Berkeley, California 94705
Telephone: [phone]; Facsimile: 510.848.5819
Email: [e-mail]
RACHEL LEDERMAN (SBN 130192)
Rachel Lederman & Alexis C. Beach
Attorneys at Law
558 Capp Street
San Francisco, CA 94110
Telephone: [phone]; Facsimile: 415.285.5066
Email: [e-mail]
Attorneys for Plaintiff
Scott Olsen

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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) CASE NO: C12-06333 SI
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Plaintiff,
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CORRECTED CAPTION PAGE TO
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FIRST AMENDED COMPLAINT
vs.
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FOR DAMAGES
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(Violation of Civil Rights,
CITY OF OAKLAND; HOWARD JORDAN, )
42 U.S.C. Section 1983; and
individually and in his capacity as Chief of
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Supplemental Claims)
Police for the City of Oakland; ERIC
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BRESHEARS, individually and in his capacity )
as a Deputy Chief of Police for the City of
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JURY TRIAL DEMANDED
Oakland; PAUL FIGUEROA, individually and )
in his capacity as a Captain of Police for the )
City of Oakland; ROLAND HOLMGREN
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individually and in his capacity as a Sergeant )
of Police for the City of Oakland; ROBERT )
ROCHE or DOE 1, individually and in his
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capacity as a police officer for the City of
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Oakland; DOES 2-100, inclusive,
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Defendants.
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SCOTT OLSEN,

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FIRST AMENDED COMPLAINT [CORRECTED CAPTION PAGE]
Olsen v. City of Oakland, et al., Case No. C12-06333 SI
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EXHIBIT 1

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the

Northern District of California

Scott Olsen,
Plaintiff(s)

v.
City of Oakland; HOWARD JORDAN, individually
and in his capacity as Chief of Police for the City of
Oakland; ERIC BRESHEARS, individually and in his
capacity as a Deputy Chief of Police for the City of
Oakland; PAUL FIGUEROA, individually and in his
capacity as a Captain of Police for the City of
Oakland; ROLAND HOLMGREN, individually and
in his capacity as Sergeant of Police for the City of
Oakland; ROBERT ROCHE or DOE 1, individually
and in his capacity as a police officer for the City of
Oakland; DOES 2-100, inclusive,

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Civil Action No.

C12-06333 SI

Defendant(s)

CORRECTED

SUMMONS IN A CIVIL ACTION ON FIRST AMENDED COMPLAINT

To: (Defendant’s name and address)
City of Oakland, c/o City of Oakland City Attorney's Office, One Frank H. Ogawa Plaza, Sixth Floor, Oakland,
California [See Attachment 1 for additional defendants and addresses]

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
JAMES B. CHANIN (SBN# 76043), JULIE M. HOUK (SBN# 114968), Law Offices of James B. Chanin, 3050
Shattuck Avenue, Berkeley, California 94705, Telephone: [phone]; FaX: [phone], Email: [e-mail],
[e-mail]; RACHEL LEDERMAN (SBN 130192), Rachel Lederman & Alexis C. Beach, Attorneys at Law
558 Capp Street, San Francisco, CA 94110, Telephone: [phone]; Facsimile: 415.285.5066, Email:
[e-mail]
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

EXHIBIT 2

ATTACHMENT 1 TO SUMMONS ON FIRST AMENDED COMPLAINT
Additional Defendants and Address:
HOWARD JORDAN, individually and in his capacity as Chief of Police for the City of Oakland;
ERIC BRESHEARS, individually and in his capacity as a Deputy Chief of Police for the City of
Oakland; PAUL FIGUEROA, individually and in his capacity as a Captain of Police for the City
of Oakland; ROLAND HOLMGREN, individually and in his capacity as a Sergeant of Police for
the City of Oakland; ROBERT ROCHE or DOE 1, individually and in his capacity as a police
officer for the City of Oakland; c/o City of Oakland Police Department, 455 7th Street, Oakland,
California.

Date:
Signature of Clerk or Deputy Clerk

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

C12-06333 SI

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)

.

I personally served the summons on the individual at (place)
on (date)

; or

I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individual’s last known address; or

I served the summons on (name of individual)

, who is

designated by law to accept service of process on behalf of (name of organization)
on (date)

; or

I returned the summons unexecuted because

; or

Other (specify):
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My fees are $

for travel and $

for services, for a total of $

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

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