UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
February 20, 2009
JOHN DOE, BY AND THROUGH HIS GUARDIAN AD LITEM, PLAINTIFF,
BUTTE VALLEY UNIFIED SCHOOL DISTRICT, EDWARD TRAVERSO, GRAYCE KELLY, DEFENDANT.
NICOLASA GONZALES, STIPULATION TO FILE THIRD AMENDED COMPLAINT; ORDER
TO THE COURT AND TO ALL INTERESTED PERSONS:
The plaintiff is represented by Thomas N. Petersen. Defendants are represented by John P. Kelley. After consultation between the attorneys, the parties, by and through their attorneys, hereby stipulate that plaintiff may file a third amended complaint, a true and correct copy of which is attached as Exhibit 1 to this stipulation. The third amended complaint deletes the forth claim for relief (Negligent Infliction of Emotional Distress), it removes H. Wayne Campbell as a defendant, it realleges and clarifies the capacity of defendant, Edward Traverso, and it alleges two new phrases concerning (1) defendants' actions having been done under color of state law and (2) the special relationship plaintiff alleges he had with defendants.
For the foregoing reasons, the plaintiff and defendants ask this court to authorize filing of the third amended complaint. No answer has yet been filed though John Kelley has agreed to accept service for all defendants. Plaintiff and defendants ask that an answer or other responsive pleading be filed 20 days following electronic filing of the third amended complaint and acceptance of service by Mr. Kelley.
Date: February 16, 2009
John P. Kelley, CSB #168904 Attorney for Defendants
Date: February 12, 2009
Thomas N. Petersen, CSB #103037 Attorney for Plaintiff
The parties, by and through their attorneys, have stipulated that the third amended complaint be filed and that defendants have 20 days from the date of acceptance of service to file an answer or other responsive pleading to the third amended complaint. Good cause has been shown and the court therefore authorizes the third amended complaint to be filed. Defendants shall answer or otherwise respond to the third amended complaint within 20 days of acceptance of service of the third amended complaint.
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