Opinion
DAN SIEGEL, SBN 56400, DEAN ROYER, SBN 233292, SIEGEL & YEE, Oakland, California, Attorneys for Plaintiff, MICHAEL HUEY.
DOUGLAS PHARR, SBN 158078, Law Office of Douglas Pharr, Napa, California, Attorney for Plaintiff, JANEEN LOTTON.
CLAUDIA M. QUINTANA, City Attorney, SBN 178613, KELLY J. TRUJILLO, Deputy City Attorney, SBN 244286, Vallejo, CA, Attorneys for Defendants, CITY OF, VALLEJO, JOSEPH KREINS, and ROBERT NICHELINI.
STIPULATION FOR FILING OF FIRST AMENDED COMPLAINT
JOHN A. MENDEZ, District Judge.
Plaintiff Michael Huey, and his attorneys; plaintiff Janeen Lotton, and her attorneys; and defendants City of Vallejo, Joseph Kreins, and Robert Nichelini make this stipulation to allow plaintiffs to file a first amended complaint. A copy of the first amended complaint is attached as Exhibit 1 to this stipulation.
WHEREAS, Mr. Huey filed a complaint on May 9, 2013 in which he joined Ms. Lotton as a party under Rule 19(a)(1) of the Federal Rules of Civil Procedure based on her status as the birth mother of decedent J.H.;
WHEREAS, Mr. Huey named Ms. Lotton as a defendant because he did not have her consent to be joined as a plaintiff;
WHEREAS, Ms. Lotton intends to pursue the same claims against defendants City of Vallejo, Joseph Kreins, Robert Nichelini, and the Doe police officers as asserted by Mr. Huey in his complaint;
WHEREAS, on August 12, 2013, the Court entered its order realigning Ms. Lotton as a plaintiff;
WHEREAS, Mr. Huey's complaint names the police officers who fired weapons at decedent J.H. as "Doe" defendants because as of May 9, 2013, he did not have sufficient information in order to personally name said defendants;
WHEREAS, on August 12, 2013, Mr. Huey received interrogatory responses that identified the police officers who fired weapons at decedent J.H;
WHEREAS, Mr. Huey and Ms. Lotton intend to amend the complaint to change Ms. Lotton's party status from defendant to plaintiff, and to substitute the names of the police officers for the "Doe" officers identified in the complaint;
NOW THEREFORE, the parties stipulate that Mr. Huey and Ms. Lotton may file the attached first amended complaint. Defendants shall have 21 days from the date of service to file responsive pleadings.
IT IS SO ORDERED.