Saelee v. City of Richmond et al

Filing 29

STIPULATION AND ORDER TO ALLOW FILING OF AMENDED COMPLAINT re 28 Stipulation filed by Kaeian Saelee. Signed by Judge Phyllis J. Hamilton on 12/28/10. (nah, COURT STAFF) (Filed on 12/28/2010)

Saelee v. City of Richmond et al

Doc. 29

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EDWARD C. CASEY, JR., ESQ. CSB: 123702 Law Offices of Edward C. Casey, Jr. 300 Frank H. Ogawa Plaza, Suite 370 Oakland, California 94612 Telephone: [phone] Attorneys for Plaintiff KAEIAN SAELEE

UNITED STATES DISTRICT COURT NOR THE RN DISTRICT OF CALIFORNIA

8 9 KAEIAN SAELEE, 10 11 12 13 14 15 16 1. Whereas this case was filed on May 6, 2010 in Contra Costa Superior Court and 17 removed to this court on or about May 27, 2010; 18 2. Whereas the complaint alleges the City of Richmond Police Department, Officer 19 Michael Vallerga, and Does 1 to 50 falsely arrested and used excessive use of force when they 20 took plaintiff to the ground and arrested him at a private residence in December 5, 2009; 21 3. Whereas at the time of the incident plaintiff was aware of defendant Michael 22 Vallerga's involvement in the arrest only because he was the officer that eventually issued a 23 citatation to plaintiff; 24 4. Whereas plaintiff first became aware of Sgt. Mitchell Peixoto and Officer Alexander 25 26 27 1 __________________________________________________________________________ Stip ulati on to Allow Filing of Amended Complaint Naming Mitchell Peixoto and Alexander Caine as Defendants; Order Thereon ) ) Plaintiff, ) ) v. ) ) CITY OF RICHMOND, ) MICHAEL VALLERGA, and ) DOES 1 to 50, ) ) Defendants. ) ) ____________________________________) Case No.: C10 2331 PJH STIPULATION TO ALLOW FILING OF AMENDED COMPLAINT NAMING MITCHELL PEIXOTO AND ALEXANDER CAINE AS DEFENDANTS; ORDER THEREON

Dockets.Justia.com

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Caine's involvement in the subject arrest at the time of defendant Vallerga's deposition on November 17, 2010; 5. Whereas no prejudice is suffered by defendants or the new parties to this action by amending the complaint to name Mitchell Peixoto and Alexander Caine as defendants at this time; Therefore the parties stipulate and agree that plaintiff be allowed to amend the complaint to name Mitchell Peixoto and Alexander Caine as additional defendants in the subject action. IT IS SO STIPULATED: LAW OFFICES OF EDWARD C. CASEY JR.

Dated: December 17, 2010

____________/S/______________________ By: Edward C. Casey Jr. Attorneys for Plaintiff Kaeian Saelee NEW DOR F LEGAL

15 16 Dated: December 17, 2010 17 18 19 // 20 // 21 // 22 // 23 // 24 // 25 26 27 2 __________________________________________________________________________ Stip ulati on to Allow Filing of Amended Complaint Naming Mitchell Peixoto and Alexander Caine as Defendants; Order Thereon _____________/S/_____________________ By: David B. Newdorf, Esq. Attorneys for the defendants City of Richmond and Michael Vallerga

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 __________________________________________________________________________ Stip ulati on to Allow Filing of Amended Complaint Naming Mitchell Peixoto and Alexander Caine as Defendants; Order Thereon
J yllis J. udge Ph

ORDER ON STIPULATION TO ALLOW FILING OF AMENDED COMPLAINT NAMING MITCHELL PEIXOTO AND ALEXANDER CAINE AS DEFENDANTS This Stipulation of the parties having been read and considered and good cause appearing, IT IS HEREBY ORDERED that plaintiff may amend the complaint to name Mitchell Peixoto and Alexander Caine as defendants in the subject action. The amended complaint is to January 5, 2011 be filed on or before _________________________.

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Honorable Phyllis J. Hamilton Judge of the Unites States District Court D

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Dated: 12/28/10

S DISTRICT TE C TA _______________________________________

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