Opinion
JOHN L. BURRIS, Esq., SBN 69888 BEN NISENBAUM, Esq. SBN 222173 LAW OFFICES OF JOHN L. BURRIS, Airport Corporate Center Oakland, California, Attorneys for Plaintiffs.
LONGYEAR, O'DEA & LAVRA, LLP, VAN LONGYEAR, PETER C. ZILAFF, Attorneys for Defendant County of Sacramento.
STIPULATION AND ORDER TO FILE FIRST-AMENDED COMPLAINT
TROY L. NUNLEY, District Judge.
STIPULATION
WHEREAS, Plaintiffs in the above-entitled action filed the Complaint in this action on May 13, 2013.
WHEREAS, Plaintiffs and Defendant COUNTY OF SACRAMENTO have exchanged Initial Disclosures in this action.
WHEREAS, Plaintiffs were unaware before the exchange of initial disclosures of the names and identities of certain unidentified, fictitiously named DOE defendants.
WHEREAS, Plaintiffs, counsel, and Defendant COUNTY OF SACRAMENTO have conferred regarding the filing of the proposed First-Amended Complaint, attached hereto as Exhibit A.
WHEREFORE, the parties stipulate that Plaintiffs may file the proposed First-Amended Complaint, attached hereto as Exhibit A. The Court should note the proposed First-Amended Complaint has the effect of dismissing Defendant CITY OF CITRUS HEIGHTS and unknown DOE CITY OF CITRUS HEIGHTS police officers, as contemplated in the parties Joint Status Report filed in this action on August 7, 2013.
IT IS SO STIPULATED.
(PROPOSED) ORDER
PURSUANT TO THE FOREGOING STIPULATION, good cause shown, Plaintiffs may file the First-Amended Complaint, attached to the instant stipulation as Exhibit A. The filing of the First-Amended Complaint is without prejudice to any of Defendants' rights to assert any defenses or motions as to the sufficiency of the First-Amended Complaint.
IT IS SO ORDERED.