Her v. County of Sacramento et al

-1-
STIPULATION AND ORDER TO VACATE ECF NO. 17 AS MOOT; THE FIRST AMENDED COMPLAINT
(ECF No. 15) IS WITHDRAWN; AND PLAINTIFF SHALL FILE A SECOND AMENDED COMPLAINT BY
MARCH 2, 2026
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DERICK E. KONZ, ESQ., SB No. 286902
dkonz@akk-law.com
ANGELO, KILDAY & KILDUFF, LLP
Attorneys at Law
601 University Avenue, Suite 150
Sacramento, CA 95825
Telephone: (916) 564-6100
Telecopier: (916) 564-6263
Attorneys for Defendant SERGEANT TRACEY JACOBS
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
DEPUTY JOHNNY HER, an individual,
Plaintiff,
vs.
COUNTY OF SACRAMENTO;
SACRAMENTO COUNTY SHERIFF’S
DEPARTMENT, a subsidiary of County of
Sacramento; SERGEANT TRACEY JACOBS;
and DOES 1 through 50, inclusive,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No.: 2:25-cv-02915-DJC-JDP
STIPULATION AND ORDER:
- 	VACATE ECF NO. 17 AS MOOT;
- 	THE FIRST AMENDED
COMPLAINT (ECF No. 15) IS
WITHDRAWN; AND
- 	PLAINTIFF SHALL FILE A
SECOND AMENDED
COMPLAINT BY MARCH 2, 2026
On January 16, 2026, Plaintiff filed a First Amended Complaint (FAC). ECF No. 15. On
the morning of January 29, 2026, the parties filed a stipulation and proposed order to extend the
responsive pleading deadline for all served Defendants in the FAC to February 13, 2026 to allow
the parties time to meet and confer over motion to dismiss issues. ECF No. 17. The Court has not
yet issued an order on ECF No. 17.
On the afternoon of January 29, 2026, all parties had a lengthy meet and confer phone call
to discuss the FAC motion to dismiss arguments. During that call, an agreement was made that
Plaintiff withdraw his FAC and file a Second Amended Complaint (SAC) within thirty (30) days.

-2-
STIPULATION AND ORDER TO VACATE ECF NO. 17 AS MOOT; THE FIRST AMENDED COMPLAINT
(ECF No. 15) IS WITHDRAWN; AND PLAINTIFF SHALL FILE A SECOND AMENDED COMPLAINT BY
MARCH 2, 2026
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Wherefore, Plaintiff agrees to withdraw his FAC, Defendants have no objection, and all
parties stipulate to Plaintiff filing an SAC by March 2, 2026. All parties stipulate that Defendants
will have 30 days from the filing of the SAC to file a responsive pleading.
Accordingly, all parties respectfully request that the Court issue an Order vacating ECF
No. 17 as moot and grant this stipulated request that the FAC is withdrawn and Plaintiff shall file
an SAC by March 2, 2026.
Dated: January 29, 2026 	PORTER SCOTT
A PROFESSIONAL CORPORATION
/s/ Steven E. Weiss (auth. on 1/29/26)
By __________________________________
Derek J. Haynes
Steven E. Weiss
Attorneys for Defendants
COUNTY OF SACRAMENTO
Dated: January 29, 2026 	SAMUEL and SAMUEL
/s/ Peter F. Samuel (auth. on 1/29/26)
By __________________________________
Peter F. Samuel
Attorney for Plaintiff
JOHNNY HER
Dated: January 29, 2026 	ANGELO, KILDAY & KILDUFF, LLP
/s/ Derick E. Konz
By __________________________________
Derick E. Konz
Attorney for Defendant
TRACEY JACOBS

-3-
STIPULATION AND ORDER TO VACATE ECF NO. 17 AS MOOT; THE FIRST AMENDED COMPLAINT
(ECF No. 15) IS WITHDRAWN; AND PLAINTIFF SHALL FILE A SECOND AMENDED COMPLAINT BY
MARCH 2, 2026
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDER
Good cause appearing and upon stipulation of the parties, the Court hereby vacates ECF
No. 17 as moot. 	The Court grants the parties stipulated request that Plaintiff’s First Amended
Complaint (ECF No. 15) is withdrawn. 	The Court orders Plaintiff to file a Second Amended
Complaint by March 2, 2026. Defendants’ responsive pleading is due 30 days after the filing of
Plaintiff’s SAC.
SO ORDERED.
Dated: January 29, 2026 	/s/ Daniel J. Calabretta
THE HONORABLE DANIEL J. CALABRETTA
UNITED STATES DISTRICT JUDGE