Atayde v. Napa State Hospital et al

Filing 65

STIPULATION and ORDER TO CONTINUE Scheduling Conference from 10/4/2016 to 12/20/2016 at 03:30 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. The parties are to submit their joint statement one week prior to the new Scheduling Conference date. Signed by Magistrate Judge Stanley A. Boone on 9/27/2016. (Hernandez, M)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
PETER A. MESHOT, State Bar No. 117061
Supervising Deputy Attorney General
KRISTA DUNZWEILER, State Bar No. 227384
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants Napa State Hospital,
California Department of State Hospitals, CDSH
Napa Executive Director Dolly Matteucci and Dana
White, R.N.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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LUCY ATAYDE, Individually and as
Successor in Interest of Decedent
RICHARD MICHAEL RAMIREZ,

STIPULATION FOR CONTINUANCE
OF SCHEDULING CONFERENCE;
Plaintiff, ORDER

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1:16-CV-00398-DAD-SAB

v.

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NAPA STATE HOSPITAL, STATE OF
CALIFORNIA DEPARTMENT OF STATE
HOSPITALS, a public entity, et al,

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Defendants.

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IT IS HEREBY STIPULATED by and between Plaintiff Lucy Atayde, through her

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attorneys of record, Defendants California Forensic Medical Group, Inc., Taylor Fithian, M.D.,

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Heather Goode, M.D., Sean Ryan, R.N., Deborah Mandujano, R.N., Corina Denning, R.N.,

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County of Merced, Tom Cavallero and Jason Goins (the “County Defendants”), through their

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attorneys of record, and Defendants California Department of State Hospitals, CDSH Napa

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Executive Director Dolly Matteucci and Dana White, R.N. (the “State Defendants”), through their
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attorneys of record, that the Scheduling Conference scheduled for October 4, 2016, be continued

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by approximately sixty (60) days for the foregoing reasons:

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1.

This case was transferred from the Northern District to the Eastern District on or

about March 21, 2016.
2.

Following the transfer, this case was set forth for a Scheduling Conference on June 7,

2016, which was later continued on the Court’s own motion to August 1, 2016.
3.

On or about April 6, 2016, the County Defendants filed a Motion to Dismiss, and on

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or about April 12, 2016, the State Defendants filed a Motion to Dismiss. Those motions came on

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for hearing on or about May 17, 2016. The Court took the motions under submission.

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4.

While the Motions to Dismiss were pending, the Scheduling Conference was

continued on the Court’s own motion to October 4, 2016.
5.

The Court issued its ruling on the Motions to Dismiss on September 16, 2016, and

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granted the State Defendants’ Motion to Dismiss in full and the County Defendants’ Motion to

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Dismiss in part. However, the Court granted leave to amend. Plaintiff’s amended pleading is not

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due until October 7, 2016.

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6.

At this time, it is unknown the extent to which Plaintiff will amend her Complaint,

and how the State Defendants and County Defendants will respond to that amended pleading.
For the foregoing reasons, the parties stipulate to continue the Scheduling Conference by

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approximately sixty (60) days to permit Plaintiff the opportunity to amend her pleading, and

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permit the defendants with an opportunity to evaluate any amended pleadings. The parties are

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available on the following days for a Scheduling Conference: December 6, 13, and 20.

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Dated: September 26, 2016

HADDAD & SHERWIN LLP

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/s/ T. Kennedy Helm
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JULIA SHERWIN
MICHAEL HADDAD
T. KENNEDY HELM
Attorneys for Plaintiff Lucy Atayde

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Dated: September 26, 2016

LAW OFFICE OF SANJAY S. SCHMIDT

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/s/ Sanjay S. Schmidt
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SANJAY S. SCHMIDT
Attorneys for Plaintiff Lucy Atayde

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Dated: September 26, 2016

JEROME M. VARANINI

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/s/ Jerome M. Varanini
JEROME M. VARANINI
Attorneys for Defendants California
Forensic Medical Group, Inc., Taylor
Fithian, M.D., Heather Goode, M.D., Sean
Ryan, R.N., Deborah Mandujano, R.N.,
Corina Denning, R.N., County of Merced,
Tom Cavallero and Jason Goins

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Dated: September 26, 2016

Respectfully submitted,

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KAMALA D. HARRIS
Attorney General of California
PETER A. MESHOT
Supervising Deputy Attorney General

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/s/ Krista J. Dunzweiler
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KRISTA DUNZWEILER
Deputy Attorney General
Attorneys for Defendants Napa State
Hospital, California Department of State
Hospitals, CDSH Napa Executive Director
Dolly Matteucci and Dana White, R.N.

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ORDER

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IT IS HEREBY ORDERED that the Scheduling Conference scheduled for October 4,

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2016 is continued to December 20, 2016, at 3:30 p.m., in Courtroom 9 of the United States

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District Court, Eastern District, Fresno Division. The parties are to submit their joint statement

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one week prior to the Scheduling Conference.

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IT IS SO ORDERED.
Dated:

September 27, 2016
UNITED STATES MAGISTRATE JUDGE

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