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Dahlin v. Frieborn, 2:17-cv-02585-MCE-AC. (2018)

Court: District Court, E.D. California Number: infdco20180315a74 Visitors: 3
Filed: Mar. 14, 2018
Latest Update: Mar. 14, 2018
Summary: STIPULATION TO TAKE MOTION TO DISMISS OFF CALENDAR, AMEND COMPLAINT, AND FILE MOTION FOR DISQUALIFICATION MORRISON C. ENGLAND, JR. , District Judge . Plaintiffs' counsel and counsel for Defendants Rosemary Frieborn, Curt Ransom, Marilyn Jasper, Cassie Reeves, Katie Newman, Sherry Couzens, Michael Crosson, Humane Society of the Sierra Foothills, Inc., Friends of Auburn/Tahoe Vista-Placer County Animal Shelter, Inc., Friends of Placer County Animal Shelter, an unincorporated association, Frie
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STIPULATION TO TAKE MOTION TO DISMISS OFF CALENDAR, AMEND COMPLAINT, AND FILE MOTION FOR DISQUALIFICATION

Plaintiffs' counsel and counsel for Defendants Rosemary Frieborn, Curt Ransom, Marilyn Jasper, Cassie Reeves, Katie Newman, Sherry Couzens, Michael Crosson, Humane Society of the Sierra Foothills, Inc., Friends of Auburn/Tahoe Vista-Placer County Animal Shelter, Inc., Friends of Placer County Animal Shelter, an unincorporated association, Friends of Auburn/Tahoe Vista Placer County Animal Shelter, an unincorporated association, and Edward J. Fritz (collectively, the "Non-Municipal Defendants") stipulate as follows:

1. The Non-Municipal Defendants' motion to dismiss (Doc. Nos. 29-30) should be dropped from the Court's calendar without prejudice.

2. Plaintiffs will file an amendment to their Complaint regarding some or all of the Non-Municipal Defendants within 45 days after the Placer County District Attorney's Office complies with Plaintiffs' Subpoena Duces Tecum. The last date to comply with the subpoena was Friday, March 9, 2018 but the compliance date has been extended until Friday, March 16, 2018 to accommodate the custodian's trial schedule.

3. Plaintiffs also expect to file a motion to disqualify the Non-Municipal Defendants' counsel and will file that motion, if at all, on or before March 20, 2018. The Non-Municipal Defendants (and their counsel) intend to vigorously oppose Plaintiffs' motion.

4. The Non-Municipal Defendants will respond (by motion or answer) to the Complaint, as amended, no later than 21 days after the later of when the amendments regarding the Non-Municipal Defendants are filed or the Court rules on Plaintiffs' motion for disqualification.

SO STIPULATED

ORDER

Pursuant to the stipulation of the parties and good cause appearing, the Court orders as follows:

1. The Non-Municipal Defendants' Motion to Dismiss (ECF Nos. 29-30) is hereby VACATED without prejudice to refiling at a later date. 2. Plaintiffs shall file an amended complaint not later than April 30, 2018. 3. The Non-Municipal Defendants shall respond (by motion or answer) to the Amended Complaint not later than 21 days after (1) the filing of the Amended Complaint or (2) the Court issues a ruling on Plaintiffs' Motion for Disqualification, if such a motion is filed, whichever is later.

IT IS SO ORDERED.

Source:  Leagle

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