Payne v. State of California et al

Filing 32

STIPULATION and ORDER TO EXTEND DEFENDANT JOY LYNCH AKA NURSE JOY'S DEADLINE TO RESPOND TO PLAINTIFF'S COMPLAINT, signed by Magistrate Judge Michael J. Seng on 2/23/2018. (Kusamura, W)

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Theodore Slater , Esq., SBN 267479
SLATER LAW, APC
1017 L. St. #294
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorney for PLAINTIFF
COLEMAN PAYNE

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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COLEMAN PAYNE, an individual,

Case No. 17-CV-00906-DAD-MJS

PLAINTIFF,
STATE OF CALIFORNIA, a government entity
and state in the United States; DEPARTMENT OF
STATE HOSPITALS, a government agency form
unknown; METROPOLITAN STATE HOSPITAL,
an entity form unknown; COUNTY OF
CALAVERAS, a government entity in the State of
California; CALAVERAS COUNTY SHERIFF, a
governmental agency of unknown form;
CALAVERAS COUNTY JAIL, an entity form
unknown; SERGEANT BAILEY, an individual;
NURSE JOY, an individual; DOES 1 through 50,
inclusive.

STIPULATION AND ORDER TO
EXTEND DEFENDANT JOY LYNCH
AKA NURSE JOY’S DEADLINE TO
RESPOND TO PLAINTIFF’S
COMPLAINT
Judge: Hon. Michael J. Seng
Trial Date: None Assigned
Action Filed: July 2, 2017

DEFENDANTS.

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STIPULATION TO EXTEND DEFENDANT NURSE JOY’S RESPONSE DEADLINE

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STIPULATION
Plaintiff Coleman Payne hereby stipulates pursuant to Local Rule 144 to an extension of time
for defendant Nurse Joy to appear in this case through March 21, 2018, 28 days after the prospect
defendant’s response otherwise would be due under a prior and shorter agreement between the
effected parties.
Plaintiff is in the process of preparing an amended complaint with additional facts regarding
Nurse Joy, and it is anticipated that the appearance by defendant Nurse Joy will be in response to the
new pleading. Plaintiff’s counsel has participated in a meet and confer with counsel Jerome
Varanini, Esq., who will be counsel for Nurse Joy when her appearance is made. The instant
stipulation is a product of that meet and confer and avoids the necessity at this time for the
prospective defendant to appear by motion and, thereby, serves the interests of judicial economy in
avoiding a law and motion filing as well as the interests of the parties.

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IT IS SO STIPULATED.

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DATED: February 23, 2018

SLATER LAW, APC

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By: /s/ Theodore Slater
Theodore Slater, Esq.
Attorneys for Plaintiff,
Coleman Payne

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STIPULATION TO EXTEND DEFENDANT NURSE JOY’S RESPONSE DEADLINE

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Order

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Plaintiff submits a document denominated “Stipulation of the parties to allow additional time
for Defendant Nurse Joy aka Joy Lynch to respond to Plaintiff’s Complaint”. It is signed and filed
only by Plaintiff, and does not record or reflect Defendant Joy’s agreement to it. Nevertheless, the
proposed Order is perceived as entirely favorable to said defendant, and good cause being found, the
COURT ORDERS :
Defendant Nurse Joy’s deadline to respond to Plaintiff’s moving papers in this action is shall
not expire before March 21, 2018.
IT IS SO ORDERED.

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Dated:

February 23, 2018

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO EXTEND DEFENDANT NURSE JOY’S RESPONSE DEADLINE

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