Jimenez v. City of Napa et al

Filing 26

STIPULATION AND ORDER re 24 Amended Complaint filed by City of Napa, Thomas Keener. Signed by Judge Edward M. Chen on 8/8/17. (bpfS, COURT STAFF) (Filed on 8/8/2017)

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JOHN L. BURRIS, ESQ. SBN 69888
BENJAMIN NISENBAUM, ESQ. SBN 222173
JAMES COOK, ESQ., SBN 300212
LAW OFFICES OF JOHN L. BURRIS
7677 Oakport Street, Suite 1120
Oakland, CA 94621
Tel: [phone] Fax: [phone]
e-mail: [e-mail]

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Attorneys for Plaintiff
JANET JIMENEZ

Gregory M. Fox, State Bar No. 070876
Joanne Tran, State Bar No. 294402
BERTRAND, FOX, ELLIOT, OSMAN & WENZEL
2749 Hyde Street
San Francisco, California 94109
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorney for Defendants
CITY OF NAPA and THOMAS KEENER

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JANET JIMENEZ, individually and as
successor-in-interest to Decedent JAIME
JIMENEZ,

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Plaintiff,

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v.
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CITY OF NAPA, a municipal corporation;
JOHN CORRIGAN, individually and in his
capacity as a Sergeant for the Napa Police
Department; THOMAS KEENER, individually
and in his capacity as an officer for the Napa
Police Department; ADAM DAVIS,
individually and in his capacity as an officer for
the Napa Police Department; CURTIS
MADRIGAL, individually and in his capacity
as an officer for the Napa Police Department
and DOES 1-50, inclusive,

Case No. 17-cv-01352-EMC
STIPULATION AND [PROPOSED] ORDER FOR
DISMISSAL WITH PREJUDICE AS TO THE
MONELL CLAIM AGAINST DEFENDANT CITY
OF NAPA AND DOES 26-50 AND TO EXTEND
TIME FOR DEFENDANTS TO FILE AN
ANSWER TO THE FIRST AMENDED
COMPLAINT

Hon. Edward M. Chen

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Defendants.
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STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL WITH PREJUDICE AS TO THE MONELL CLAIM
AGAINST DEFENDANT CITY OF NAPA AND DOES 26-50 AND TO EXTEND TIME FOR DEFENDANTS TO FILE
AN ANSWER TO THE FIRST AMENDED COMPLAINT
U.S. District Court Case No.3:17-cv-01352-EMC:

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IT IS HEREBY STIPULATED by the plaintiff JANET JIMENEZ, individually and as successor-

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in-interest to Decedent JAIME JIMENEZ, and defendants CITY OF NAPA and THOMAS KEENER,

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through their respective undersigned counsel, that the third cause of action for Monell claim under 42

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U.S.C. § 1983 against defendants CITY OF NAPA and DOES 26-50 in plaintiff’s First Amended

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Complaint is dismissed with prejudice, each side to bear its/his/her own fees and costs, pursuant to FRCP

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41(a)(1)(A)(ii).

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The parties further stipulate that the time for defendants CITY OF NAPA and THOMAS

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KEENER to file its responsive pleading, which is currently due on August 4, 2017, shall be extended 14

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days. The parties agree and stipulate that defendants’ responsive pleading will now be August 18, 2017.

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Dated: August 1, 2017

LAW OFFICES OF JOHN BURRIS

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By: /s/ Ben Nisenbaum
John Burris
Ben Nisenbaum
James Cook
Attorneys for Plaintiff
JANET JIMENEZ

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Dated: August 1, 2017

BERTRAND, FOX, ELLIOT, OSMAN & WENZEL

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By: /s/ Joanne Tran
Gregory M. Fox
Joanne Tran
Attorney for Defendants
CITY OF NAPA and THOMAS KEENER

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STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL WITH PREJUDICE AS TO THE MONELL CLAIM
AGAINST DEFENDANT CITY OF NAPA AND DOES 26-50 AND TO EXTEND TIME FOR DEFENDANTS TO FILE
AN ANSWER TO THE FIRST AMENDED COMPLAINT
U.S. District Court Case No.3:17-cv-01352-EMC:

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ATTORNEY ATTESTATION
I, Joanne Tran, am the ECF user whose identification and password are being used to file the

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foregoing documents. Pursuant to Civil Local Rule 5.1(i), I hereby attest that concurrence in the filing of

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these documents has been obtained from each of its Signatories.

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Dated: August 1, 2017

/s/ Joanne Tran
Joanne Tran

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ORDER
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

ERED

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Hon. Edward M. Chen
United States D Judge

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O ORD
IT IS S

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NO
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8/8/2017

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STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL WITH PREJUDICE AS TO THE MONELL CLAIM
AGAINST DEFENDANT CITY OF NAPA AND DOES 26-50 AND TO EXTEND TIME FOR DEFENDANTS TO FILE
AN ANSWER TO THE FIRST AMENDED COMPLAINT
U.S. District Court Case No.3:17-cv-01352-EMC: