Obas v. County of Monterey

Filing 61

ORDER GRANTING LEAVE TO FILE SECOND AMENDED COMPLAINT re 59 . Signed by Judge Koh on 11/3/2010. (lhklc1, COURT STAFF) (Filed on 11/3/2010)

Obas v. County of Monterey

Doc. 61

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Joseph S. May SBN 245924 LAW OFFICE OF JOSEPH S. MAY 22 Battery Street, Suite 810 San Francisco, CA 94111 Telephone [phone] Facsimile [phone] [e-mail] Attorney for Plaintiff RAMON OBAS

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION RAMON OBAS, Plaintiff, v. COUNTY OF MONTEREY; CONAN HICKEY; CHARLES R. WEST; RICHARD RODRIGUEZ; JOHN JEFFERSON; MICHAEL MUSCUTT; and DOES 1-50, inclusive. Defendants. STIPULATION Plaintiff RAMON OBAS, through counsel, and Defendants COUNTY OF MONTEREY and HICKEY, (hereafter collectively referred to as the "Parties") hereby stipulate as follows: 1. The case involves claims by Plaintiff that law enforcement officers caused and/or exacerbated injuries to his lower extremities during the course of his arrest on the night of October 23, 2008 and/or morning of October 24, 2008. 2. Plaintiff named several defendants in his first amended complaint because he did not know the identities of the responsible law enforcement officers. Through discovery in this matter, Plaintiff learned that one of the law enforcement officers who required Plaintiff to walk, with assistance, to a police car on the night of the subject incident was Monterey County Sheriff's Office Deputy Bryan Hoskins. 1 CASE NO.: C 09-5540-LHK STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO FILE SECOND AMENDED COMPLAINT Action filed: November 23, 2009 Trial date: July 18, 2011

C-09-5540-LHK STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE SECOND AMENDED COMPLAINT Dockets.Justia.com

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3. Plaintiff alleged in his Complaint and First Amended Complaint that law enforcement officers at the scene of the subject incident were liable for, inter alia, negligently causing Plaintiff to jump from the second story balcony of an apartment building. Plaintiff has agreed to dismiss the portion of his claims that seek to assign liability to any law enforcement officer or other defendant for causing Plaintiff to jump from the balcony. 4. The Parties hereby stipulate to Plaintiff's filing of a Second Amended Complaint, a copy of which is attached as Exhibit A hereto, which would add Deputy Bryan Hoskins as a Defendant and remove the claim that any law enforcement officer or other defendant should be held liable for negligently causing Plaintiff to jump from the balcony on the night of the subject incident. So stipulated. Dated: November 3, 2010 LAW OFFICE OF JOSEPH S. MAY __________/s/_____________________________ JOSEPH S. MAY, Attorney for Plaintiff, RAMON OBAS So stipulated. Dated: November 3, 2010 OFFICE OF THE COUNTY COUNSEL, COUNTY OF MONTEREY ___________/s/____________________________ By: WILLIAM M. LITT, Attorney for Defendants COUNTY OF MONTEREY and HICKEY ORDER Pursuant to the Stipulation of the Parties, Plaintiff is hereby granted leave to file a Second Amended Complaint, and the Defendants shall have 15 days to file Answers thereto. SO ORDERED.

Date:_N________3,_2010 ____ _ ovember _ ____

___________________________________ LUCY H. KOH United States District Judge 2

C-09-5540-LHK STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE SECOND AMENDED COMPLAINT