Morgan v. County of Santa Clara

Filing 17

STIPULATION AND ORDER ALLOW FILING OF AMENDED COMPLAINT NAMING ALBERTO LOAIZA AS DEFENDANT re 12 Stipulation. Amended Complaint due by 6/20/2011. Signed by Judge Edward J. Davila on 5/20/2011. (ecg, COURT STAFF) (Filed on 5/20/2011)

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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 94111
Telephone: [phone]
Attorneys for Plaintiff
EDWIN D. MORGAN

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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EDWIN D. MORGAN,

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Plaintiff,
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v.
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COUNTY OF SANTA CLARA,
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DOES 1 to 50,
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Defendants.
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____________________________________)

Case No.C11-00128 EJD
JF
STIPULATION TO ALLOW FILING
OF AMENDED COMPLAINT NAMING
ALBERTO LOAIZA AS DEFENDANT;
ORDER THEREON

Jury Trial Demanded

1. Whereas this case was filed on December 3, 2010 in Santa Clara County Superior
Court and removed to this court on or about January 11, 2011;
2. Whereas the complaint alleges the County of Santa Clara officers/deputy sheriffs

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violated plaintiffs civil rights and battered him by, among other things, using excessive force

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on his person by slamming his fingers/hand in a holding cell door on August 15, 2010;

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3. Whereas at the time of the incident plaintiff was not aware of the identity of the
sheriff’s deputy/officer involvement in the incident;

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4. Whereas plaintiff first became aware of Alberto Loaiza’s involvement after

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defendant County of Santa Clara submitted its FRCP Rule 26 disclosures on or about April 1,

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__________________________________________________________________________
Stipulation to Allow Filing of Amended Complaint Naming
Alberto Loaiza as a Defendant; Order Thereon

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2011;

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5. Whereas no prejudice is suffered by defendants or the new party to this action by
amending the complaint to name Alberto Loaiza as a defendant at this time;

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Therefore the parties stipulate and agree that plaintiff be allowed to amend the
complaint to name Alberto Loaiza as an additional defendant in the subject action.

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IT IS SO STIPULATED:

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LAW OFFICES OF EDWARD C. CASEY JR.

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Dated: April 21, 2011

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____________/S/______________________
By: Edward C. Casey Jr.
Attorneys for Plaintiff Edwin Morgan

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OFFICE OF THE COUNTY COUNSEL
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Date: April 21, 2011
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_____________/S/_____________________
By: Mark Bernal, Esq.
Attorneys for the defendants County of
Santa Clara

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__________________________________________________________________________
Stipulation to Allow Filing of Amended Complaint Naming
Alberto Loaiza as a Defendant; Order Thereon

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ORDER ON STIPULATION TO ALLOW FILING OF AMENDED COMPLAINT
NAMING ALBERTO LOAIZA AS DEFENDANT

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This Stipulation of the parties having been read and considered and good cause
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appearing,
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IT IS HEREBY ORDERED that plaintiff may amend the complaint to name Alberto
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Loaiza as a defendant in the subject action. The amended complaint is to be filed on or before
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June 20, 2011
_________________________.

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Dated: May 20, 2011

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Honorable Edward Fogel
Jeremy J. Davila
Judge of the Unites States District Court

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__________________________________________________________________________
Stipulation to Allow Filing of Amended Complaint Naming
Alberto Loaiza as a Defendant; Order Thereon