Free Stipulation - District Court of California - California

Case 5:07-cv-04987-JF

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ROBERT R. POWELL, ESQ. CSB: 159747 DENNIS R. INGOLS, ESQ. CSB: 236458 LAW OFFICES OF ROBERT R. POWELL 925 West Hedding Street San José, California 95126 T: 408-553-0200 F: 408-553-0203 E: [email protected] Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA (San Jose Division) THOMAS VAN ZANDT Plaintiff, v. CITY OF SAN JOSE, et al., Defendants. ) Case No. CV 07 ­ 04987 JF ) ) STIPULATION AND ORDER ) OF THE COURT RE: FILING ) AMENDED COMPLAINT ) ) ) )

Wherefore Plaintiff named employees of Defendant Professional Security Consultants as Doe Defendants 1 through 4 employees of Professional Security Consultants, because their identities were unknown to Plaintiff at the date of filing; Wherefore, Professional Security Consultants' counsel indicated on or about April 7, 2008 that, on information and belief, Does 1 and 2 are Ryan Scott and Daniel Garcia; and Wherefore, counsel believe they have learned the name of the woman who made a report alleging child molestation to Target and/or Professional Security Consultants. On counsel's information and belief, that woman's name is Samantha Fein; Wherefore, Plaintiff seeks to add causes of action for intentional infliction of emotional distress and violation of California Penal Code §11172, as against Ms. Fein, so that
Stipulation and Order Van Zandt v. San Jose, et al U.S. District Court ­ Northern District of California Case No. 5:07-CV-04987-JF 1

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all causes of action arising from the incident in question may be adjudicated in one proceeding. Counsel for Professional Security Consultants, the City of San Jose and its Defendant employees, and Westfield, LLC., have no objection to adding Plaintiff's claims against Ms. Fein; and Wherefore, Counsel for Professional Security Consultants has not, as yet, been retained to represent any Defendant employees of Professional Security Consultants; The parties hereto, in consultation with and by and through their respective counsel, do hereby agree and stipulate as follows, and respectfully request that this Court order same: 1. Plaintiff may e-file an amended complaint (proposed Second Amended

Complaint attached) to name as Does 1 and 2 Ryan Scott and Daniel Garcia, and adding Plaintiff's claims against Samantha Fein. 2. Plaintiff may e-file the proposed Second Amended Complaint within 20

days of receipt of this Stipulation signed by the Court. 3. Defendants waive personal service of the Summons and Second Amended

Complaint on behalf of all Defendants other than Scott, Garcia, and Fein, and authorize Defendants' respective counsel accepting the e-filed version of the Second Amended Complaint as service on all Defendants other than Scott, Garcia, and Fein. IT IS SO STIPULATED.

Dated: 5/__/08

/s/ Dennis R. Ingols DENNIS R. INGOLS, ESQ. Attorney for Plaintiff

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Stipulation and Order Van Zandt v. San Jose, et al U.S. District Court ­ Northern District of California Case No. 5:07-CV-04987-JF 2

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