Kolb v. County of Placer, 2:19-cv-00079-DB. (2019)
Court: District Court, E.D. California
Number: infdco20190308897
Visitors: 1
Filed: Mar. 07, 2019
Latest Update: Mar. 07, 2019
Summary: STIPULATION SEEKING LEAVE TO DISMISS THIRD CLAIM FOR RELIEF AGAINST COUNTY OF PLACER FOR MONELL VIOLATIONS AND SETTING DATE TO AMEND COMPLAINT FOR MONELL VIOLATIONS TO THE DATE OF THE FACT DISCOVERY CUT-OFF; ORDER DEBORAH BARNES , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs Samuel Kolb, J.K, a minor, (by and through his Guardian ad Litem Karin Kolb) and Karin Kolb, through their counsel of record, Ronald Kaye and Marilyn Bednarski; and Defendants County
Summary: STIPULATION SEEKING LEAVE TO DISMISS THIRD CLAIM FOR RELIEF AGAINST COUNTY OF PLACER FOR MONELL VIOLATIONS AND SETTING DATE TO AMEND COMPLAINT FOR MONELL VIOLATIONS TO THE DATE OF THE FACT DISCOVERY CUT-OFF; ORDER DEBORAH BARNES , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs Samuel Kolb, J.K, a minor, (by and through his Guardian ad Litem Karin Kolb) and Karin Kolb, through their counsel of record, Ronald Kaye and Marilyn Bednarski; and Defendants County o..
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STIPULATION SEEKING LEAVE TO DISMISS THIRD CLAIM FOR RELIEF AGAINST COUNTY OF PLACER FOR MONELL VIOLATIONS AND SETTING DATE TO AMEND COMPLAINT FOR MONELL VIOLATIONS TO THE DATE OF THE FACT DISCOVERY CUT-OFF; ORDER
DEBORAH BARNES, Magistrate Judge.
IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs Samuel Kolb, J.K, a minor, (by and through his Guardian ad Litem Karin Kolb) and Karin Kolb, through their counsel of record, Ronald Kaye and Marilyn Bednarski; and Defendants County of Placer and Deputy Curtis Honeycutt, through their counsel of record, Greg Warner, Deputy County Counsel, that:
1. Plaintiffs will hereby dismiss, without prejudice, the Third Claim for Relief — Deprivation of Civil Rights — 42 U.S.C. §1983 Against the County of Placer for Monell violations.
2. The reason behind Plaintiffs' request for dismissal of their Monell Claim is that at the filing stage, Plaintiffs do not have evidence to support their claim that a policy, practice, custom or procedure of the County of Placer was a motivating force behind the alleged constitutional violation of Defendant Honeycutt.
3. After performing discovery, Plaintiffs will determine whether there is a sufficient basis to allege a claim against the County of Placer based on a Monell theory of liability.
Accordingly, IT IS FURTHER STIPULATED by and between the parties that Plaintiffs' cut off for amending the Complaint to include a Claim for Relief against the County of Placer based on a Monell theory of liability will be at the date set for the discovery cut-off.
IT IS SO STIPULATED.
ORDER
Pursuant to the parties' stipulation, IT IS SO ORDERED.
Source: Leagle
