Opinion
CASE NO.: 04-CV-2500-BEN(POR).
November 29, 2006
EUGENE G. IREDALE, ESQ. (SBN: 75292), LAW OFFICES OF EUGENE G. IREDALE, San Diego, California.
DOUGLAS S. GILLILAND, ESQ. (SBN: 157427), AINBINDER, HITZKE GILLILAND, INC., San Diego, California, Attorneys for Plaintiff JOHN HALE.
STIPULATION AND ORDER FOR FILING SECOND AMENDED COMPLAINT
COME NOW, Plaintiff JOHN HALE, by and through his attorneys of record, Law Offices of Eugene G. Iredale, by Eugene G. Iredale, Esq. and AINBINDER, HITZKE GILLILAND, Inc., by Douglas S. Gilliland, Esq. and Defendant County of San Diego, by the Office of County Counsel, by David G. Axtmann, Senior Deputy County Counsel, and agree and stipulate as follows.
RECITALS: The parties have now completed discovery in this matter and all counsel have had an opportunity to re-evaluate the claims of their respective clients in light of the evidence discovered. Based on such review, counsel has informally met and conferred in an effort to narrow the claims and focus the operative pleading. As such, the parties have agreed to submit the attached Second Amended Complaint to serve as the operative pleading at the time of trial. Concessions made in this regard by either side are not to be construed as prevailing on the merits of any claim or defense, rather it simply reflects an effort by counsel to narrow the claims and focus the operative pleading for the purposes of trial.
STIPULATION: Based on the foregoing, the parties hereby stipulate and agree that the Second Amended Complaint attached hereto shall be the operative pleading in this case.
SO STIPULATED:
ORDER:
Based on the foregoing, this court finds good cause to exist for the filing of the second amended complaint which will be deemed filed and served as of the date this order is executed and shall become the operative pleading in this case.