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Thomas Wagner Tammy Wagner v. City of Stockton Police Department

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 9, 2011

THOMAS WAGNER TAMMY WAGNER,
PLAINTIFF,
v.
CITY OF STOCKTON POLICE DEPARTMENT, A MUNICIPAL CORPORATION;
BLAIR ULRING, IN HIS CAPACITY OF CHIEF OF POLICE FOR
CITY OF STOCKTON; MARK BERG (STOCKTON POLICE ) DEPARTMENT STAR #1395; JEFFERY TACAZON (STOCKTON ) POLICE DEPARTMENT STAR #1395; MICHELLE GUTHRIE (STOCKTON ) POLICE DEPARTMENT STAR #1524; DOES 1-20 INCLUSIVE, INDIVIDUALLY AND IN THEIR CAPACITIES AS POLICE OFFICERS FOR THE CITY OF STOCKTON; DEFENDANTS.

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

JOHN M. LUEBBERKE, City Attorney State Bar No. 164893 NEAL C. LUTTERMAN, Deputy City Attorney State Bar No. 174681 425 N. El Dorado Street, Second Floor Stockton, California 95202 Telephone: (209) 937-8333 Facsimile: (209) 937-8898 Attorneys for Defendants

STIPULATION TO EXTEND TIME TO PLEAD TO COMPLAINT AND TO ALLOW FILING OF FIRST AMENDED COMPLAINT; ORDER

WHEREAS, Plaintiffs Thomas Wagner and Tammy Wagner ("Plaintiffs") intend to file a First Amended Complaint to name the City of Stockton (sued erroneously herein as "City of Stockton Police Department") as a defendant in this matter; and

WHEREAS, Plaintiffs intend to amend the Complaint to further clarify that Blair Ulring, Chief of Police for the Stockton Police Department, will be named as a defendant in his official capacity only,

THE PARTIES HEREBY STIPULATE AND AGREE, by and through their counsel of record, that all defendants shall have an extension of time to plead to the Amended Complaint until 21 days after service of the First Amended Complaint upon the defendants; and

THE PARTIES FURTHER STIPULATE AND AGREE that the First Amended Complaint shall be filed within 15 days from the Court's approval of this stipulation.

ORDER

IT IS SO ORDERED.

20111109

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