Smith et al v. City of Santa Clara et al
Filing
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ORDER by Judge Lucy H. Koh granting 40 Stipulation (lhklc2, COURT STAFF) (Filed on 6/25/2012)
Case5:11-cv-03999-LHK Document40 Filed06/22/12 Page1 of 3
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JAMES MCMANIS (40958)
BRANDON ROSE (269196)
McMANIS FAULKNER
A Professional Corporation
50 West San Fernando Street, 10th Floor
San Jose, California 95113
Telephone:
408-279-8700
Facsimile:
408-279-3244
Email:
jmcmanis@mcmanislaw.com
brose@mcmanislaw.com
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Attorneys for Plaintiffs
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MICHAEL C. SERVERIAN (133203)
8 RANKIN, LANDSNESS, LAHDE,
SERVERIAN & STOCK
9 96 No. Third St., Suite 500
San Jose, California 95112
10 Telephone:
(408) 293-0463
Facsimile:
(408) 293-9514
11 Email:
mserverian@rllss.com
12 Attorneys for Defendants
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UNITED STATES DISTRICT COURT
DISTRICT OF CALIFORNIA, NORTHERN DIVISION
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SAN JOSE DIVISION
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JOSEPHINE SMITH, an individual; and A.S., a Case No.: CV 11-03999 LHK
minor child, by and through her guardian ad
litem, JOSEPHINE SMITH,
STIPULATION AND [PROPOSED]
Plaintiffs
ORDER TO PERMIT FILING OF FIRST
AMENDED COMPLAINT
vs.
CITY OF SANTA CLARA, a public entity;
CITY OF SANTA CLARA POLICE
DEPARTMENT, a department of the CITY OF
SANTA CLARA; SANTA CLARA POLICE
INVESTIGATOR HENDERSON; SANTA
CLARA POLICE SERGEANT HILL; and
Does 1-100, inclusive,
Defendants,
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STIPULATION AND [PROPOSED] ORDER TO PERMIT FILING OF FIRST AMENDED
COMPLAINT, Case No.: CV 11-03999 LHK
Case5:11-cv-03999-LHK Document40 Filed06/22/12 Page2 of 3
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STIPULATION
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Subject to the approval of the Court, the parties stipulate as follows:
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1.
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On August 15, 2010, plaintiffs, Josephine Smith and A.S., filed the Complaint in
this action.
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2.
In paragraph 9 of their Complaint, plaintiffs alleged they were ignorant of the true
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names and capacities of defendants sued therein as Does 1 through 100, and therefore sued these
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defendants by fictitious names.
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Institution in Big Spring, Texas (“FCI, Big Spring”).
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Clay Rojas is currently serving a 36-month term in the Federal Correctional
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On June 13, 2012, the parties took the deposition of Mr. Rojas at FCI, Big Spring.
Mr. Rojas was represented by Mark Davis, a California attorney.
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5.
During his deposition, Mr. Rojas testified that on October 7, 2010, the date of the
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incident which is the subject of the instant civil litigation, he was a Santa Clara Police
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Department (”SCPD”) officer.
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Mr. Rojas also testified that, during the October 7, 2010 incident, he spoke with
plaintiff, Josephine Smith, and physically restrained and handcuffed her.
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Rojas as Doe 1.
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Defendants do not waive any right to challenge the First Amended Complaint.
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Defendants do not oppose the filing of a First Amended Complaint naming Mr.
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STIPULATION AND [PROPOSED] ORDER TO PERMIT FILING OF FIRST AMENDED
COMPLAINT, Case No.: CV 11-03999 LHK
Case5:11-cv-03999-LHK Document40 Filed06/22/12 Page3 of 3
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9.
Defendants shall have 20 days from service of the First Amended Complaint to
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DATED: June 22, 2012
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McMANIS FAULKNER
/s/ Brandon Rose, Esq.
JAMES McMANIS
BRANDON ROSE
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Attorneys for Plaintiffs
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DATED:
June 22, 2012
RANKIN, LANDSNESS, LAHDE,
SERVERIAN & STOCK
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/s/ Michael Serverian, Esq.________________
MICHAEL C. SERVERIAN
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Attorneys for Defendants
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[PROPOSED] ORDER
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The Court approves the foregoing Stipulation and orders as follows.
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IT IS SO ORDERED:
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1.
Plaintiffs may file a First Amended Complaint naming Clay Rojas as Doe 1.
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2.
Defendants shall have 20 days from service of the First Amended Complaint to
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June 25, 2012
DATED:_______________
UNITED STATES DISTRICT COURT JUDGE
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STIPULATION AND [PROPOSED] ORDER TO PERMIT FILING OF FIRST AMENDED
COMPLAINT, Case No.: CV 11-03999 LHK
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