Smith et al v. City of Santa Clara et al

Filing 41

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:
[e-mail]
[e-mail]

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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:
[phone]
Facsimile:
[phone]
11 Email:
[e-mail]
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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3.

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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6.

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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7.

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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