JOINT STIPULATION & ORDER TO FILE SECOND AMENDED COMPLAINT

KIMBERLY J. MUELLER, District Judge.

Plaintiff Nathaniel Smith ("Plaintiff) and Defendants City of Stockton, Officers Mayer, Harrison, and Perez, and Chief of Police Jones, ("Defendants"), by and through their respective counsel, hereby STIPULATE and AGREE as follows:

WHEREAS, on February 12, 2015, Plaintiff filed his Complaint (Doc. No. 1) against Defendants in the United States District Court, Eastern District of California;

WHEREAS, Plaintiff served his Complaint on all Defendants;

WHEREAS, on October 25, 2015, Plaintiffs filed his First Amended Complaint (Doc. No. 30), which is the current operative Complaint;

WHEREAS, Plaintiff has determined that he wishes to dismiss, with prejudice, his third claim for relief against Defendants City of Stockton and Jones alleging discrimination on the basis of disability;

THE PARTIES HEREBY STIPULATE that Plaintiff is permitted to file a Second Amended Complaint, which is attached as Exhibit A to this Stipulation. This Second Amended Complaint includes only Plaintiff's First Claim for Relief for excessive force and Second Claim for Relief for intentionally or recklessly provoking a confrontation. The parties further stipulate that all answers and/or motions to dismiss already filed as to Plaintiff's original Complaint and First Amended Complaint shall be deemed responsive to Plaintiff's Second Amended Complaint, and that no Defendants shall file an additional Answer.

The Court, having considered the Parties' Stipulation to file the Second Amended Complaint, and good cause appearing, the Second Amended Complaint, filed with the parties' Stipulation as Exhibit A, shall be filed within three days of this Order by Plaintiff's counsel as a separate docket entry in this action. All answers and/or motions to dismiss already filed are hereby deemed responsive to the Second Amended Complaint as the operative complaint.

IT IS SO ORDERED.