STIPULATION AND ORDER TO STRIKE JOHN P. BAILEY AS A DEFENDANT IN COUNT SEVEN OF FIRST AMENDED COMPLAINT

MICHAEL J. SENG, Magistrate Judge.

IT IS HEREBY STIPULATED by and between Plaintiff Coleman Payne and Defendants County of Calaveras and John P. Bailey in the above-captioned case, through their respective counsel of record, as follows:

The purpose of this Stipulation is to allow Plaintiff Coleman Payne to strike the name "John P. Bailey" from Count Seven of First Amended Complaint for Damages for Intentional Infliction of Emotional Distress.

The basis for this Stipulation is that this Court, in ruling on the State Defendants' Motion to Dismiss, did not permit Plaintiff leave to amend Count Seven of the First Amended Complaint to add John P. Bailey as a defendant charged with intentional infliction of emotional distress.

Therefore, the parties request that Count Seven of the First Amended Complaint for Damages will be stricken as follows: John P. Bailey, an individual, will be removed as a party against whom Plaintiff seeks to recover damages for intentional infliction of emotional distress, and his name shall be stricken at page 16, line 10, of First Amended Complaint. All requested changes in this stipulation apply to Count Seven only.

The parties respectfully request that this Court order: 1) the striking of "John P. Bailey" from Count Seven of First Amended Complaint; 2) that Plaintiff be precluded from seeking damages for intentional infliction of emotional distress under Count Seven of Plaintiff's First Amended Complaint as to Defendant John P. Bailey only; 3) that Defendants County of Calaveras and John P. Bailey may respond to Count Seven of First Amended Complaint as if "John P. Bailey" was stricken from the pleading at page 16, line 10.

ORDER

The Court, having reviewed and found acceptable the substance of the Stipulation of the parties but, being unwilling to have piecemeal pleadings on file, and finding good cause, hereby orders the following:

1. That "John P. Bailey" be dismissed as a named defendant in Count Seven of Plaintiff's First Amended Complaint;

2. That Plaintiff is precluded from seeking damages for intentional infliction of emotional distress against Defendant John P. Bailey in Plaintiff's First Amended Complaint or any amendment thereof;

3. That Plaintiff may, and shall within fourteen days of the date of this Order, file a Second Amended Complaint in all respects identical to the First Amended Complaint except that John P. Bailey shall not appear as a defendant in Count Seven of the Second Amended Complaint.

IT IS SO ORDERED.