Wilkins-Jones v. PHS Correctional Healthcare

Full title: SHAWNA WILKINS-JONES, Plaintiff, v. PHS CORRECTIONAL HEALTHCARE; MELISSA…

Court: United States District Court, N.D. California

Date published: Oct 4, 2011

CASE NO. C08-01485-MHP (N.D. Cal. Oct. 4, 2011)

Opinion

CASE NO. C08-01485-MHP, Civil Rights.

October 4, 2011

PAUL L. REIN, Esq. (SBN 43053), CELIA McGUINNESS, Esq. (SBN 159420), CATHERINE M. CABALO, Esq. (SBN 248198), LAW OFFICES OF PAUL L. REIN, Oakland, CA, BRIAN GEARINGER, Esq. (SBN 146125), GEARINGER LAW GROUP, San Francisco, CA, Attorneys for Plaintiff, SHAWNA WILKINS-JONES.

MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [ PROPO SED] ORDER

EDWARD CHEN, Magistrate Judge

STATEMENT OF THE CASE

The Complaint in this case was filed on March 17, 2008, against the County of Alameda for violation of the Americans with Disabilities Act and attendant State civil rights laws at the Alameda County Jail at Santa Rita. The Court dismissed all injunctive relief claims on November 16, 2010. It dismissed the remaining claims on August 19, 2011. At the same time, it granted Plaintiff's Motion to Amend to add as defendants PHS Correctional Healthcare, Melissa Brown, Martha Campos, and Bill Wilson, who are Alameda County's medical services contractor for the Santa Rita Jail and its employees. Plaintiff filed the First Amended Complaint in this case on September 12, 2011.

In its August 19, 2011, Order the Court set a Case Management Conference for October 7, 2011.

REQUEST FOR CONTINUANCE

Plaintiff requests that the October 7, 2011, Case Management Conference (CMC) be continued until December 2, 2011, on the grounds that defendants have not entered appearances in the case. Plaintiff expects they will respond to the First Amended Complaint (FAC) no later than October 28, 2011. Declaration of Celia McGuinness. Moving the CMC to December 2^nd will enable defendants to assess the case and the parties to confer and define what the issues will be.

In the event the Court declines to defer the CMC until after the defendants have responded to the FAC, plaintiff nevertheless requests a continuance of the CMC for one week, until October 14, 2011. The undersigned plaintiff's counsel is the lead attorney in this case and the only attorney who is up to date about the case. Id. She has a family obligation on October 7^th involving her son's school, an event which cannot be rescheduled and is important she attend. Id.

CONCLUSION

For the foregoing reasons plaintiff respectfully requests that the Court continue the CMC until December 2, 2011, to allow the new defendants to respond to the Complaint and be better prepared to discuss case management issues. In the alternative, plaintiff requests a one-week continuance to enable her counsel to attend her son's school event.

[PR OP OSED] ORDER

GOOD CAUSE BEING SHOWN, it is hereby ordered that the Case Management Conference in this case be continued until December 2, 2011, at 9:00 a.m., with an Updated Joint Case Management Conference Statement to be filed one week earlier. Plaintiff is ordered to provide a copy of this Order to defendants.

IT IS SO ORDERED