Opinion
No. 2:09-CV-01492 MCE KJN P
10-28-2011
DAVID JOHN BERG, Plaintiff, v. JOHN DOES; DEPUTY KAZALEC; DEPUTY ISLAS; DEPUTY YOUNGBERG; DEPUTY TUCKER; DEPUTY KENDRICK; DEPUTY CATOR; DEPUTY MROZINSKI; DEPUTY TODD; DEPUTY ROSALES, Defendants.
DOWNEY BRAND LLP Frank E. Noey Julianne R. Kay Attorneys for Plaintiff RANDOLPH CREGGER & CHALFANT LLP Robert L. Chalfant Wendy Motooka Attorneys for Defendants
RANDOLPH CREGGER & CHALFANT LLP
Attorneys for Defendants SACRAMENTO
COUNTY SHERIFF'S DEPARTMENT, DEPUTY
TODD, DEPUTY TUCKER, DEPUTY
YOUNGBERG, DEPUTY ROSALES, DEPUTY
CATER, DEPUTY MROZINSKI and DEPUTY
KACALEK
DOWNEY BRAND LLP
Attorneys for Plaintiff
DAVID JOHN BERG
STIPULATION FOR CONTINUANCE
OF HEARING AND TO EXTEND
DEFENDANT COUNTY'S TIME TO
FILE A RESPONSIVE PLEADING OR
MOTION; [PROPOSED] ORDER
Judge: The Hon. Kendall J. Newman
WHEREAS the hearing on the motion to dismiss and to sever the First Amended Complaint (hereinafter referred to as "Motion to Dismiss/Sever"), brought by defendants DEPUTY TODD, DEPUTY TUCKER, DEPUTY YOUNGBERG, DEPUTY ROSALES, DEPUTY CATER, DEPUTY MROZINSKI and DEPUTY KACALEK, is currently set for November 10, 2011;
WHEREAS PLAINTIFF DAVID JOHN BERG's First Amended Complaint adds a newly named defendant, SACRAMENTO COUNTY SHERIFF'S DEPARTMENT, whose initial responsive pleading or motion is currently due on November 1, 2011;
WHEREAS the parties are currently engaged in settlement negotiations that may fully resolve this case within the next few weeks; and
WHEREAS the parties seek to reduce litigation costs and the expenditure of Court resources by abating all motions practice that would be mooted by settlement;
THEREFORE, the parties now hereby stipulate through their counsel of record, as follows:
1. Subject to Court approval, the parties agree to continue the hearing date on the currently pending Motion to Dismiss/Sever from November 10, 2011, to December 8, 2011, at 10:00 a.m.;
2. The deadlines for Plaintiff's opposition and Defendant's reply for the Motion to Dismiss/Sever will be based off the new hearing date of December 8, 2011;
3. The parties further agree that the newly named defendant, SACRAMENTO COUNTY SHERIFF'S DEPARTMENT, shall have a four-week extension of time to file its initial responsive pleading or motion, which is presently due on November 1, 2011. Pursuant to this stipulation, the County's initial responsive pleading or motion in this action shall be due on November 29, 2011.
IT IS SO STIPULATED.
DOWNEY BRAND LLP
Frank E. Noey
Julianne R. Kay
Attorneys for Plaintiff
RANDOLPH CREGGER & CHALFANT LLP
Robert L. Chalfant
Wendy Motooka
Attorneys for Defendants
[PROPOSED] ORDER
After considering the Stipulation by and between the parties through their counsel of record, IT IS HEREBY ORDERED THAT:
1. The hearing on defendants' pending Motion to Dismiss/Sever, previously set for November 10, 2011, shall be continued to December 8, 2011, at 10:00 a.m.
2. The deadlines for Plaintiff's opposition and Defendant's reply for the Motion to Dismiss/Sever shall be based off the new hearing date of December 8, 2011;
3. Defendant Sacramento County Sheriff's Department shall have an extension of time to file its initial responsive pleading or motion in this action. The County's responsive pleading or motion is now due on November 29, 2011.
IT IS FURTHER ORDERED that plaintiff's request for an extension of time to serve defendants Islas and Kendrick (Dkt. No. 48) is GRANTED.
SO ORDERED.
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE