Hanna v. County of Fresno et al

Filing 19

ORDER GRANTING Ex Parte Motion to CONTINUE Mandatory Scheduling Conference 17 . The Scheduling Conference currently set for 5/15/2014, is CONTINUED to 6/19/2014, at 09:45 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Order signed by Magistrate Judge Sheila K. Oberto on 4/14/2014. The hearing on the Ex Parte Motion to Continue the Scheduling Conference set for 4/28/2014, is VACATED.(Timken, A)

1
2
3
4
5
6

ROBERT NAVARRO
State Bar No. 128461
Attorney at Law
1295 North Wishon Avenue, Suite 3
Fresno, California 93728
TEL: [phone]
FAX [phone]
[e-mail]

CAROLYN D. PHILLIPS
State Bar No. 103045
Attorney at Law
P.O. Box 5622
Fresno, California 93755-5622
TEL: [phone] FAX: [phone]

7

[e-mail]

8

Attorneys for Plaintiff Dominic Hanna

9

UNITED STATES DISTRICT COURT

10

FOR THE EASTERN DISTRICT OF CALIFORNIA

11
DOMINIC HANNA,

Case No. 1:14-CV-00142-LJO-SKO

12
13
14
15

Plaintiff,
v.

EX PARTE MOTION TO CONTINUE
MANDATORY SCHEDULING
CONFERENCE AND PROPOSED
ORDER

FRESNO COUNTY, et al.,
Defendants.

16

As more fully described in the Petition for Appointment of Guardian ad Litem,

17

plaintiff, Dominic Hanna, has profound physical and mental impairments requiring total

18

care, including bipolar disorder and psychosis, dementia, inability to stand, sit or walk,

19

and he is incapable of making rational decisions regarding his legal and personal

20

affairs. He has been in a state of incompetence since suffering anoxic brain damage

21

resulting from his second suicide attempt in the Fresno County Jail on February 9,

22
23

1
Ex Parte Motion to Continue Mandatory Scheduling Conference and Proposed Order; Hanna v. Fresno County, et al.,
No. 1:14-CV-00142-LJO-SKO

1

2012. He has never had a conservator and he had no guardian ad litem until this Court

2

granted Kathy Henderson’s request for such appointment on February 5, 2014.

3

An Application for Leave to Present a Late Claim for Damages pursuant to

4

California Government Code § 910 was filed with the Fresno County Board of

5

Supervisors on January 30, 2014. In order to avoid statute of limitations issues,

6

the instant federal lawsuit was filed on February 3, 2014, and summonses were

7

issued on February 7. The County of Fresno rejected the Application for Leave

8

to Present a Late Claim for Damages on March 18, noting that plaintiff had six

9

months to file in the Fresno County Superior Court a Petition for Relief regarding

10

the claim presentation. The Petition for Relief was filed on April 8, and the matter

11

is now set for a hearing on Tuesday, May 8, 2014, and the County has been

12

noticed and served with all the relevant pleadings.

13

The Mandatory Scheduling Conference is currently set for May 15. Doc. No.

14

7. Pursuant to the Federal Rules of Civil Procedure, Rule 4(m) [time limit for

15

service], plaintiff has 120 days (June 3, 2014) to serve the defendants. Further,

16

under Rule 16(b)(2), the Court can hold the mandatory scheduling conference

17

within 120 days after any of the defendants have been served.

18

Counsel for plaintiff are awaiting the outcome of the Petition for Relief on

19

the damages claim presentation before serving any of the summonses. This will

20

allow plaintiff to amend the complaint if necessary and to avoid any issue over

21

whether a state damages claim has been filed and considered by the County of

22
23

2
Ex Parte Motion to Continue Mandatory Scheduling Conference and Proposed Order; Hanna v. Fresno County, et al.,
No. 1:14-CV-00142-LJO-SKO

1

Fresno. Whatever the outcome of the state Petition for Relief, the defendants

2

will be served on or before June 3, 2014.

3

The holding of a Scheduling Conference rests in the sound discretion of

4

the trial court. Hayden v. Chalfant Press, Inc., 281 F.2d 543, 545, (9th Cir.

5

1960).

6

Scheduling Conference be reset from May 15 to a date after June 3, 2014, in

7

order to allow plaintiff to resolve the matter of the state law damages claim,

8

amend the complaint if necessary, and serve each of the defendants in this

9

action.

10

Dated:

Consequently, plaintiff respectfully requests that the Mandatory

April 9, 2014

Respectfully submitted,

11

/s/Robert Navarro
ROBERT NAVARRO
Attorneys for Dominic Hanna

12
13

ORDER
14

IT IS HEREBY ORDERED that the Mandatory Scheduling Conference in
15

the above-entitled matter now set for May 15, 2014, shall be vacated and
16

rescheduled for June 19, 2014, at 9:45 a.m.
17
18
19

IT IS SO ORDERED.
Dated:

April 14, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

20
21
22
23

3
Ex Parte Motion to Continue Mandatory Scheduling Conference and Proposed Order; Hanna v. Fresno County, et al.,
No. 1:14-CV-00142-LJO-SKO