UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
May 18, 2011
JOSEFINA ESCAMILLA, JOSE FERNANDO ESCAMILLA, AND MAE AND RFE, MINORS, BY AND THROUGH THEIR GUARDIAN AD LITEM, JOSEFINA ESCAMILLA, PLAINTIFF,
CITY OF OAKLAND; OAKLAND POLICE SERGEANT GLOCK; OAKLAND POLICE OFFICER EDINGER; OAKLAND POLICE OFFICER CRABTREE; OAKLAND POLICE OFFICER PAPPAS; AND DOES 1 THROUGH 15, INCLUSIVE,
The opinion of the court was delivered by: Honorable Charles R. Breyer United States District Judge
STIPULATION AND (PROPOSED) ORDER FOR LEAVE TO FILE FIRST AMENDED COMPLAINT
WHEREAS Plaintiffs filed a Complaint in the instant-matter on July 29, 2010;
WHEREAS the filed Complaint fails to identify any individual defendant by their first name or first initial;
WHEREAS the filed Complaint fails to identify that the individual defendants are being sued in their individual capacities;
WHEREAS the filed Complaint inaccurately identifies Defendant EDINGER as an Oakland Police Department officer;
WHEREAS the filed Complaint does not identify an Oakland Police Department Officer, Robert Supriano, who is integral to the subject-incident;
WHEREAS counsel for Defendant CITY represents in good-faith that Defendant Sergeant GLOCK had no personal involvement in the subject-incident until after Plaintiffs had been detained and/or arrested, and did not participate in the use of force against or arrest of any Plaintiff, the parties hereby stipulate as follows:
Plaintiffs will file a First Amended Complaint correcting each of the above-noted errors and inaccuracies, and set forth the specific acts of each named Defendant more clearly. Defendant GLOCK is dismissed as a defendant in this action, without prejudice. Should subsequent discovery show that Defendant GLOCK was an integral participant in the use of force against and/or arrest and/or detention of Plaintiffs, Plaintiff shall move the Court to file a Second Amended Complaint identifying Sgt. GLOCK as a defendant in this action.
IT IS SO STIPULATED.
Respectfully submitted, Dated: May 10, 2011 By Benjamin Nisenbaum THE LAW OFFICES OF JOHN L. BURRIS Attorney for Plaintiffs Dated: May 10, 2011 John A. Russo, City Attorney Randolph W. Hall, Chief Assistant City Attorney William E. Simmons, Supervising Trial Attorney Arlene M. Rosen, Senior Deputy City Attorney Arlene M. Rosen Attorney for Defendants CITY OF OAKLAND, et al.
PURSUANT TO THE PARTIES' STIPULATIONS, Plaintiffs shall file a First Amended Complaint conforming to the parties' stipulation herein, within 20 days from the issuance of this Order.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
UES DIST T RIC I N IT IS SO ORDERED E T R T U A N I N R. R O O T R F H L I E A R F C N DISTR CT O I
Charles Breyer Judge
© 1992-2011 VersusLaw Inc.