Gonzales v. City Of San Jose et al

Filing 32

STIPULATION AND ORDER TO ALLOW THE FILING OF A 2ND AMENDED COMPLAINT re 31 STIPULATION WITH PROPOSED ORDER TO ALLOW THE FILING OF A SECOND AMENDED COMPLAINT filed by Mary Lou Gonzales. Signed by Judge Phyllis J. Hamilton on 5/30/13. (nah, COURT STAFF) (Filed on 5/30/2013)

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M. Jeffery Kallis, SBN 190028
THE LAW FIRM OF ICALLIS & ASSOCIATES, P.C.
333 W. San Carlos St., 81' Floor
San Jose, CA 95110
Telephone: [phone]
Facsimile: [phone]
M J [e-mail]
[e-mail]
Steven M. Berki, SBN 245426
BUSTAMANTE, GAGLIASSO, P.C.
333 W. San Carlos St., 8th Floor
San Jose, California 95110
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiffs
MS. Mary Lou Gonzales

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UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF
CALIFORNIA
OAKLAND DIVISION

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Mary Lou Gonzales;

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Plaintiffs,
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VS.
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CITY OF SAN JOSE, as a municipal
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corporation; prior SAN JOSE POLICE
CHIEF CHRIS MOORE, individually and ]
in his official capacity; SJPD DETECTIVE ]
YVONNE DELACRUZ in her official
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and individual capacity; SJPD SGT
MATHEW ARCHER in his official and ]
individual capacity; SJPD Homicide
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Detective JAIME JIMENEZ in his
individual and official capacity; SJPD ]
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Officers Ruben Sanchez (doe 1);
Casey Higgins (doe 2); Stephen Fries ]
(doe 3); Michael Pifferini (doe 4) in ]
their individual and official capacities; ]
SJPD Officers and Detectives and
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SJPD employees Doe 5-50 in their
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Individual and Official Capacities,
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Defendants

CASE NUMBER # 4:13 CV 00695 PJH
STIPULATION A ND O RDER TO ALLOW THE FILING OF
A 2 A MENDED C OMPLAINT :
ND

DEMAND FOR JURY TRIAL

Gonzales v SJPD et.al. / Stipulation to allow 2nd Amended Complaint
United State District Court for the Northern District of California
Case # 4:13 CV 00695 PJH

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Whereas, the names of 4 defendants (Officers Ruben Sanchez ,Casey Higgins Stephen Fries,;

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Michael Pifferini) were not known by plaintiff prior to submitting the 1st Amended Complaint, and were

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thus not included in the 1St Amended Complaint;

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Whereas. The names of Doe1 through Doe 4[Officers Ruben Sanchez (doe 1); Casey Higgins (doe
2); Stephen Fries (doe 3); Michael Pifferini (doe 4) ] are now known to Plaintiff;
Whereas, judicial economy will be promoted by not having the plaintiff file a Motion For Leave To
Amend;
Whereas, the parties will save significant resources by not having to file a Motion For Leave To
Amend or the opposition and reply briefs;
It is hereby stipulated that the Defendant does not object to the Plaintiff filing a 2nd Amended
Complaint;

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And that the Defendant will accept service of summons and the 2nd Amended Complaint on

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behalf of Officers Casey Higgins, Stephen Fries, Rubin Sanchez who are now substituted for Does 1

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through 3. The defendant will not accept service of summons and the 2nd Amended Complaint on behalf

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of Michael Pifferini who is now substituted as Doe 4.

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May 29, 2013

The Law Firm of

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Bustamante & Gagliasso PC
______________/s/______________________
Steven M. Berki, Co-counsel for Plaintiff

May 29, 2013

City Attorney’s Office San Jose California
______________/s/__________________
Randolph Hom, Senior Deputy City Attorney

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S DISTRICT
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C
TA
_________________________________
The Honorable Phyllis SO ORDERED District Court Judge
IT IS Hamilton,

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Gonzales v SJPD et.al. / Stipulation to allow 2nd Amended Complaint
United State District Court for the Northern District of California
Case # 4:13 CV 00695 PJH

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amilton

yllis J. H

Judge Ph

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5/30/13
Dated: ______________________

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Good Cause showing the Court here so Orders that the Plaintiff be allowed to file a 2nd Amended
Complaint.
UNIT
ED

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.

May 29, 2013

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& Associates p.c

_______________/s/_____________________
M. Jeffery Kallis, Co-counsel for Plaintiff

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Kallis

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D IS T IC T O
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