UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
March 5, 2013
PATRICK WAYNE SOLOMON, PLAINTIFF,
CITY OF SOUTH LAKE TAHOE;
CITY OF SOUTH LAKE TAHOE POLICE DEPARTMENT; OFFICER J. HERMINGHAUS, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; COUNTY OF EL DORADO SHERIFF'S DEPARTMENT, OFFICER BRANDON PENA INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; AND DOES 1-10, INCLUSIVE, DEFENDANTS.
The opinion of the court was delivered by: Hon. Garland E. Burrell, Jr.
STIPULATION AND PROPOSED ORDER RE RESPONSE BY COUNTY DEFENDANTS TO PLAINTIFF'S COMPLAINT
Plaintiff Patrick Wayne Solomon ("Plaintiff") and Defendants County of El Dorado, County of El Dorado Sheriff's Department, and Brandon Pina (sued herein as Officer Brandon Pena) (collectively, "County Defendants"), by and through their undersigned counsel, hereby stipulate as follows:
1. WHEREAS, pursuant to the Parties' stipulation and subsequent Court Order (Dckt. No. 14), the County Defendants are required to answer, move, or otherwise respond to Plaintiff's Complaint on or before March 6, 2013.
2. WHEREAS, the Parties recently agreed to a dismissal of all claims against the County of El Dorado Sheriff's Department with prejudice, pursuant to a stipulation filed on March 4, 2013 (Dckt. No. 18), which is pending before the Court.
3. WHEREAS, Plaintiff intends to file an Amended Complaint, either pursuant to Court
Order as a result of the pending Motion to Dismiss filed by the South Lake Tahoe Defendants, or voluntarily upon the stipulation of the parties and as permitted by the Court.
4. WHEREAS, Plaintiff has agreed to allow the County Defendants to file a response to the forthcoming Amended Complaint, rather than respond to the original Complaint, which will 7 become obsolete. 8
5. WHEREAS, the Parties have agreed that the County Defendants, with the exception 9 of the County of El Dorado Sheriff's Department, which is pending dismissal from the case, must answer, move, or respond to the forthcoming Amended Complaint within 14 days of the date of the filing of the forthcoming Amended Complaint.
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:
1. The County Defendants are not required to answer, move, or otherwise respond to Plaintiff's Complaint currently on file.
2. The County of El Dorado and Brandon Pina are required to answer, move, or otherwise respond to the forthcoming Amended Complaint within 14 days of the filing of the Amended Complaint.
IT IS SO STIPULATED.
DATED: March 5, 2013 CAULFIELD LAW FIRM By:/s/ Andrew T. Caulfield Andrew T. Caulfield Attorneys for Defendants County of El Dorado, County of El Dorado Sheriff's Department, and Brandon Pina (sued herein as Brandon Pena) [Signatures Continued] DATED: March 5, 2013 THE LAW FIRM OF LAUB & LAUB 2 By: /s/ Jennifer Peterson, Esq. Susan M. Leeder 4 Attorneys for Plaintiff Patrick Wayne Solomon
IT IS SO ORDERED.
GARLAND E. BURRELL, JR. Senior United States District Judge
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