Miller et al v. City of Menlo Park et al

Filing 21

ORDER Granting 19 Stipulation FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT. Signed by Judge Claudia Wilken on 7/7/2011. (ndr, COURT STAFF) (Filed on 7/7/2011)

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JOHN L. BURRIS, Esq./ State Bar # 69888
LAW OFFICES OF JOHN L. BURRIS
7677 Oakport Street, Suite 1120
Oakland, CA 94621
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
GAYLA B. LIBET, Esq./ State Bar # 109173
LAW OFFICES OF GAYLA B. LIBET
486 41st Street, # 3
Oakland, CA 94609
Telephone and Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Plaintiff
JOHN F. FLEGEL, Esq./ State Bar # 57010
NICOLAS A. FLEGEL, Esq./ State Bar # 229360
JORGENSON, SIEGEL, McCLURE & FLEGEL, LLP
1100 Alma Street, Suite 210
Menlo Park, CA 94025
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]; [e-mail]
Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHESTER MILLER and BETTY MILLER,

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Plaintiffs,

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vs.

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No. C-11-00543-CW
STIPULATION AND (PROPOSED)
ORDER FOR LEAVE TO FILE
FIRST AMENDED COMPLAINT

CITY OF MENLO PARK, a governmental
entity; RAY SAMUELS, in his capacity as
Interim Chief of Police for CITY OF
MENLO PARK; JEREMY FOY and DOES
1-25, individually, and in their capacity as
police officers for CITY OF MENLO PARK,

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Defendants.

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____________________________________________________________________________________________________
STIPULATION AND PROPOSED ORDER FOR LEAVE TO FILE FIRST AMENDED COMPLAINT

No. C-11-00543-CW

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STIPULATION

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IT IS HEREBY STIPULATED AND AGREED by and between the parties to the
above-entitled action, by and through their respective counsel, as follows:

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1. Plaintiffs shall amend their original Complaint in this action to name defendants in
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substitution for defendant DOES, as follows:

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A. In substitution for defendant DOE 1: CRISTELA SOLORZANO;

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B. In substitution for defendant DOE 2: MATTHEW ORTEGA;

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C. In substitution for defendant DOE 3: RON VENZON; and,

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D. In substitution for defendant DOE 4: SCOTT MACKDANZ;
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2. By entering into this Stipulation, defendants do not waive any defenses that they have to

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the claims in the Complaint, and do not admit any allegations in the Complaint. Moreover, by

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entering into this Stipulation, defendants do not admit that any of the individual officers to be

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named as defendants engaged in any of the conduct attributed to them in the Complaint;
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3. Plaintiffs attach hereto their proposed First Amended Complaint as Exhibit 1. This First

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Amended Complaint has been reviewed and approved by defense counsel; and,

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4. That as soon as the Court issues the Order approving this Stipulation, and the parties are
notified by E-mail from the Court, plaintiffs may then personally file and E-file the First

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Amended Summons and First Amended Complaint, that same day, or the next day, even if such
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date is after July 5, 2011, which is the Court’s designated last date to add new parties to this
action.
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____________________________________________________________________________________________________
STIPULATION AND PROPOSED ORDER FOR LEAVE TO FILE FIRST AMENDED COMPLAINT

No. C-11-00543-CW

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Respectfully submitted,

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LAW OFFICES OF GAYLA B. LIBET

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Dated: July 5, 2011

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By: /s/ Gayla B. Libet
GAYLA B. LIBET, Esq.
Attorneys for Plaintiffs

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LAW OFFICES OF JOHN L. BURRIS

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Dated: July 5, 2011

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By: /s/ John L. Burris
JOHN L. BURRIS, Esq.
Attorneys for Plaintiffs

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JORGENSON, SIEGEL, McCLURE & FLEGEL,
LLP

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Dated: July 5, 2011

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By:/s/ Nicolas A. Flegel
NICOLAS A. FLEGEL, Esq.
Attorneys for Defendants

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: 7/7/2011
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HONORABLE CLAUDIA WILKEN
United States District Court Judge

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____________________________________________________________________________________________________
STIPULATION AND PROPOSED ORDER FOR LEAVE TO FILE FIRST AMENDED COMPLAINT

No. C-11-00543-CW

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