March 5, 2013
LUIS SANCHEZ, ANGELITA SOTO, GLORIA WILLIAMS, THERESA CALMER, JULIAN FERNANDEZ, MELISSA OHLER, AND JOSHUA DEEN, PLAINTIFFS,
CITYOF FRESNO, ASHLEY SWEARENGIN, MARK SCOTT, BRUCE RUDD, GREG BARFIELD, JERRY DYER, PHILLIP WEATHERS, MALCOLM DOUGHERTY, ANDREW HALL, GREGORY GARNER, RICHARD TUCKER, GLEN SCHAFER, MARK VAN WYHE, JEFFREY LA BLUE, RITCHIE O'DELL, MARIO TOSCANO, TIMOTHY STEWART, JASON WATKINS, DAVID MIRAMONTES, BRYAN ANALLA, XAO HERR, DAVID GRAZIER, VUE YANG, JOHN SKAGGS, JAMES HILDEBRAND, KEITH DUTSON, RAUL BOMBARDLY, EDUARDO CASTANO, LUIS CASTELLANOS, JIM COPLAND, SU FANG, ERNIE FLORES, ROBERT GRAHAM, FRANCISCO GUEVARA, KEVIN HANSEN, TIM HAUSCHEL, LEO HEREDIA, MARTY HERRERA, PETER HOWE, ROBIN KELDSEN, JOHANAN KUDER,, SCOTT MARTIN, RICK MENDIZABAL, LEONARD REYES, STEVEN REYES, AND DOES 1-100, INCLUSIVE,
The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
And Related Consolidated Cases STIPULATION AND ORDER
Plaintiffs and Defendants City of Fresno, Swearengin, Scott, Rudd, Barfield, Dyer and Weathers, by and through their respective counsel of record, hereby stipulate as follows:
1. The complaints previously filed against defendants by Angelita Soto, Gloria Williams, Julian Fernandez, Theresa Calmer, Melissa Ohler and Joshua Deen shall proceed pursuant to the allegations in this Second Amended Complaint, which shall be deemed to have been filed as of the date of their previously filed complaints, and, upon approval of this proposed stipulation by the Court, the previously filed complaints of each of these plaintiffs shall be voluntarily dismissed. The allegations that appear in Paragraphs 5 to 12 and 27 to 51 of the Second Amended Complaint, shall not be incorporated into the complaints by the other Plaintiffs.
2. Plaintiffs do not assert a claim for damages under their California Constitutional Claims, in accordance with this Court's December 26, 2012 Order.
3. In their Second Amended Complaint, plaintiffs do not assert a Fifth Amendment Due Process claim or a Fifth Amendment Takings claim.
4. Based upon this Stipulation, Defendants' currently filed Motion to Dismiss Second Amended Complaint shall be deemed withdrawn. Defendants may have 20 days following the Court's approval of this stipulation and issuance of an Order thereon in which to file their Answer to the Second Amended Complaint.
5. The parties request a scheduling conference to address procedural issues involving the naming of 37 additional Defendants in the Second Amended Complaint.
ARNOLD & PORTER LLP By: /s/ Paul Alexander Attorneys for
Plaintiffs BETTS, RUBIN & MCGUINNESS By: /s/ James B. Betts Attorneys
for Defendants City of Fresno GEORGESON, BELARDINELLI & NOYES By /s/
C. Russell Georgeson Attorneys for Defendants Ashley Swearengin, Mark
Scott, Bruce Rudd, Greg Barfield, Jerry Dyer and Phillip Weathers
Dated: March 4, 2013
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