DOE v. COUNTY OF KERN, 1:16-CV-01469 JLT. (2017)
Court: District Court, E.D. California
Number: infdco20171107575
Visitors: 8
Filed: Nov. 06, 2017
Latest Update: Nov. 06, 2017
Summary: JOINT STIPULATION; and [Proposed] Order JENNIFER L. THURSTON , Magistrate Judge . COME NOW the parties to this action jointly, through their respective attorneys of record, and stipulate as follows: 1. Pursuant to the Court's scheduling order (Doc. No. 13), the parties met and conferred on October 13, 2017 by telephone about the issues to be raised in the parties' motions for summary judgment. 2. After conferring on Plaintiff's claims, all parties hereby stipulate to the following for the
Summary: JOINT STIPULATION; and [Proposed] Order JENNIFER L. THURSTON , Magistrate Judge . COME NOW the parties to this action jointly, through their respective attorneys of record, and stipulate as follows: 1. Pursuant to the Court's scheduling order (Doc. No. 13), the parties met and conferred on October 13, 2017 by telephone about the issues to be raised in the parties' motions for summary judgment. 2. After conferring on Plaintiff's claims, all parties hereby stipulate to the following for the ..
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JOINT STIPULATION; and [Proposed] Order
JENNIFER L. THURSTON, Magistrate Judge.
COME NOW the parties to this action jointly, through their respective attorneys of record, and stipulate as follows:
1. Pursuant to the Court's scheduling order (Doc. No. 13), the parties met and conferred on October 13, 2017 by telephone about the issues to be raised in the parties' motions for summary judgment.
2. After conferring on Plaintiff's claims, all parties hereby stipulate to the following for the purposes of this motion:
a. Defendants dispute the merits of Plaintiff's claims. However, the parties have reached agreement that to the extent Plaintiff has any claim under federal law against Defendant Anderson, that claim would be evaluated under the Fourteenth Amendment, not under the Fourth or Eighth Amendments.
b. Plaintiff's First Claim for Relief (Civil Rights Action — 42 U.S.C. §1983) refers to the Fourth, Eighth, and Fourteenth Amendments. Plaintiff's Second Claim for Relief (Substantive Due Process — 42 U.S.C. §1983) also refers the Fourteenth Amendment. In light of the above agreement of the parties, these two separately pled claims for relief are redundant. The parties agree that Plaintiff has one claim for relief against Defendant Anderson, which is to be evaluated under the Fourteenth Amendment.
c. The parties, through their respective counsel, stipulate that Plaintiff hereby withdraws her Fifth Claim for Relief (Municipal Liability-Ratification (42 U.S.C. 1983) against Defendant County of Kern, as contained in Plaintiff's First Amended Complaint (Doc. No. 37).
IT IS SO STIPULATED.
ORDER
IT IS SO ORDERED.
Source: Leagle
