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Joseph Tomada v. Simonson

UNITED STATS DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 3, 2011

JOSEPH TOMADA,
PLAINTIFFS,
v.
SIMONSON, AND DOES ONE THROUGH TWENTY, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

STIPULATION AND ORDER RE: AMENDMENT TO COMPLAINT SANDRA SPAGNOLI, OFFICER MARK

Upon filing the complaint herein, plaintiff was ignorant of the true name of a defendant.

Having designated said defendant in the complaint by a fictitious name, to wit: DOE NO. ONE 19 and having discovered the true name of said defendant to be OFFICER MARK SIMONSON, 20 plaintiff wishes to amend his complaint by inserting such true name in the place and stead of such fictitious name wherever it appears in the complaint.

Accordingly, the parties hereby stipulate by and through their respective counsel that plaintiff's complaint should be amended by redesignating OFFICER MARK SIMONSON in the 24 place of DOE NO. ONE, and inserting such true name in the place and stead of such fictitious 25 name wherever it appears in the complaint. A proposed Second Amended complaint is attached as Exhibit A.

By entering this stipulation, defendant does not waive any defense it could assert in an affirmative 2 defense set forth in an answer, a motion pursuant to Fed. R. Civ. P. 12(b) or any other appropriate 3 vehicle.

Dated: January 9, 2011

SELMAN BREITMAN, LLP 5 By: Jennifer L. Rusnak ATTORNEYS FOR DEFENDANT Dated: January 9, 2011 WALSTON CROSS, Attorneys By: Gregory S. Walston ATTORNEYS FOR PLAINTIFF

ORDER

Plaintiff is hereby allowed to file the Second Amended Complaint attached as an exhibit to the stipulation filed on January 21, 2011, provided that the referenced amended complaint is filed within five days of the date on which this order is filed.

DEAC_Signature-END:

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20110203

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