Juan Lucero, Jr. v. John Ettare, et al

Filing 35

STIPULATION AND ORDER RE: 33 SERVICE AND TIME TO ANSWER COMPLAINT. Signed by Magistrate Judge Kandis A. Westmore on 2/12/16. (sisS, COURT STAFF) (Filed on 2/16/2016)

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1 Anthony Boskovich, No. 121198 policemisconduct@compuserve.com 2 Law Offices of Anthony Boskovich 28 N. First Street, 6th Floor 3 San Jose, California 95113-1210 4 408-286-5150 5 Attorney for plaintiff JUAN LUCERO, JR. 6 7 Boskovich & Appleton28 North First Street, 6th Floor, San Jose, CA 95113 (408) 286-5150 8 IN THE DISTRICT COURT OF THE UNITED STATES OF AMERICA 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 12 JUAN LUCERO, JR., Plaintiff, 13 v. ) ) ) ) ) ) 14 JOHN ETTARE, BADGE NO. 156; JOHN DOE and RICHARD ROE, individually and in 15 their capacities as Berkeley police officers, the true names and exact numbers of whom are unknown ) 16 at this time; CITY OF BERKELEY; DOES 1 to ) 100, ) 17 Defendants. ) __________________________________________) 18 No. 15-cv-02654-KAW STIPULATION AND [PROPOSED] ORDER RE SERVICE AND TIME TO ) ANSWER COMPLAINT BY DEFENDANT KYLE HOWE 19 20 On 12 January 2016 this Court issued its order substituting Kyle Howe as a defendant in this 21 matter, and on 1 February 2016 this Court issued an Amended Summons. Upon meeting and 22 conferring, counsel for defendants represented that she is authorized to accept service for Mr. Howe. 23 Upon further meeting and conferring, 24 IT IS STIPULATED that defendant CSO Kyle Howe be deemed served with the Amended 25 Summons and the complaint in this matter, and that defendant Mr. Howe shall have until 26 // 27 // 28 Stipulation and [Proposed] Order Page 1 1 29 February 2016 in which to file his responsive pleading with this Court. 2 3 Dated: 10 February 2016 4 /s/ Lynne S. Bourgault ________________________________ Lynne S. Bourgault Attorney for Defendants 5 6 7 Boskovich & Appleton28 North First Street, 6th Floor, San Jose, CA 95113 (408) 286-5150 8 Dated: 10 February 2016 9 /s/ Anthony Boskovich _____________________________ Anthony Boskovich Attorney for plaintiff 10 11 12 13 ORDER 14 15 Upon stipulation of the parties, and good cause appearing, 16 17 IT IS ORDERED that 18 1. Defendant CSO Kyle Howe is deemed served with the Amended Summons and complaint 19 in this matter; and, 20 2. Defendant CSO Kyle Howe shall serve his responsive pleading no later than 29 February 21 2016. 22 23 Dated: ___________________ 2/12/16 24 25 26 27 _______________________________________ United States Magistrate Judge 28 Stipulation and [Proposed] Order Page 2

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