Scalia v. County of Kern et al

Filing 10

STIPULATION and ORDER 9 to Extend Time for County of Kern Defendants to File Answer to Complaint and to Extend Time for Service on Individual County Employees, signed by Magistrate Judge Jennifer L. Thurston on 11/13/2017. Defendants' response due by 12/1/2017. (Hall, S)

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1 2 3 JEFF DOMINIC PRICE | SBN 165534 2500 Broadway, Suite 125 Santa Monica, CA 90404 T: (310) 451-2222 e-mail: 4 5 6 7 8 Sanjay S. Schmidt | SBN 247475 LAW OFFICE OF SANJAY S. SCHMIDT 1388 Sutter Street, Suite 810 San Francisco, CA 94109 T: (415) 563-8583 F: (415) 223-9717 e-mail: 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 14 JOHN SCALIA, individually and as successor-in-interest of Decedent KIMBERLY MORRISSEY-SCALIA, 15 16 17 18 19 20 21 22 23 24 Plaintiff, v. COUNTY OF KERN, a municipal corporation, KERN COUNTY HOSPITAL AUTHORITY, a public entity and/or agency of the COUNTY OF KERN, Kern County Sheriff DONNY YOUNGBLOOD, Kern County Sheriff’s Sergeant JOEL SWANSON, Kern County Sheriff’s Detention Deputies RANDI ALLEN and MISTY MILLER, Kern County Hospital Authority Staff Nurse ROWENA P. BLAKELY, R.N., and DOES 1-100, Jointly and Severally, No. 1:17-cv-01097-LJO-JLT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR COUNTY OF KERN DEFENDANTS TO FILE ANSWER TO PLAINTIFF’S COMPLAINT, AND TO EXTEND TIME FOR SERVICE ON INDIVIDUAL COUNTY EMPLOYEES (Doc. 9) Defendants. 25 26 27 28 Defendants COUNTY OF KERN (“COUNTY” or “County”), DONNY YOUNGBLOOD, JOEL SWANSON, RANDI ALLEN, and MISTY MILLER (collectively referred to as the “County Defendants”) and Plaintiff JOHN SCALIA, through their respective counsel, hereby 1 STIPULATION & [PROPOSED] ORDER TO EXTEND TIME FOR ANSWER & SERVICE CASE NO. :17-CV-01097-LJO-JLT 1 respectfully stipulate under Local Rule 144(a) to an extension of time – up to and including 2 December 1, 2017 – for the County Defendants to file a joint Answer to Plaintiff’s complaint. 3 The undersigned counsel for Plaintiff represents to the Court that, based on an email from – and 4 telephone call with – Mr. Fontes today (11/13/17), County Defendants will be represented by: 5 6 7 8 9 10 11 Scott Fontes Deputy County Counsel Office of County Counsel, Kern County 1115 Truxtun Avenue, Fourth Floor Bakersfield, CA 93301 Phone: (661) 868-3836 Fax: (661) 868-3805 Email: The COUNTY OF KERN was served on October 25, 2017, rendering the COUNTY’s answer due on November 15, 2017. The undersigned counsel for Plaintiff has been in 12 communication with the Office of Counsel for Kern County regarding acceptance of service on 13 behalf of the County employees; counsel spoke to Mark Nations, County Counsel, on October 25, 14 2017, in which Mr. Nations indicated service would likely be accepted on the employees’ behalf, 15 but he needed to speak to the employees formally to confirm this. This conversation was followed 16 up and confirmed that day with an email, which included Dkts. 1, 2, 4, 4-1, 4-2, and 4-3, all of the 17 documents that need to be served. A follow-up email was sent, inquiring as to the status, on 18 October 31, 2017. A response was received by Mr. Nations on November 6, 2017, indicating he 19 had not yet heard back, but that the request had been forwarded to the Chief of Litigation, Charles 20 Collins. He also indicated in this email that “[a]ccepting service is usually not an issue[.]” 21 22 23 24 Today, the undersigned counsel for Plaintiff spoke to Mr. Scott Fontes, who will be representing the County Defendants; counsel met-and-conferred and jointly agreed to the stipulated extensions that are requested herein. The defense of the County and its employees was assigned by Mr. Collins to Mr. Fontes on November 8, 2107. Mr. Fontes has sent correspondence to each of the individually named County defendants, advising them of the 25 lawsuit and their right to a defense by the Office of County Counsel. Mr. Fontes has not yet 26 heard back from the individually named County defendants, but will seek a waiver of service 27 28 2 STIPULATION & [PROPOSED] ORDER TO EXTEND TIME FOR ANSWER & SERVICE CASE NO. :17-CV-01097-LJO-JLT 1 2 from each them, in order to jointly respond to the complaint on behalf of all County defendants on or before December 1, 2017. 3 Accordingly, the parties agree that there is good cause to extend the 90-day period for 4 service set by Fed. R. Civ. P. 4(m). Plaintiff and the County Defendants, thus, further stipulate to 5 an extension of 30-days for service to be either accepted by counsel or effected on the individual 6 County employees, DONNY YOUNGBLOOD, JOEL SWANSON, RANDI ALLEN, and 7 MISTY MILLER, which extends the current deadline by 30-days. There have been no previous extensions of time for the filing of an Answer or for service 8 9 to be effected. 10 11 Dated: November 13, 2017 JEFF DOMINIC PRICE -andLAW OFFICE OF SANJAY S. SCHMIDT 12 13 14 /s/ Sanjay S. Schmidt SANJAY S. SCHMIDT Attorneys for Plaintiff 15 16 Respectfully Submitted, Dated: November 13, 2017 Respectfully Submitted, 17 SCOTT FONTES Deputy County Counsel Office of County Counsel, Kern County 18 19 /s/ Scott Fontes* SCOTT FONTES Attorneys for County of Kern Defendants 20 21 22 23 24 25 26 * 27 Counsel gave his permission to affix his electronic signature to this Stipulation and Proposed Order, on November 13, 2017. 28 3 STIPULATION & [PROPOSED] ORDER TO EXTEND TIME FOR ANSWER & SERVICE CASE NO. :17-CV-01097-LJO-JLT 1 2 3 [PROPOSED] ORDER Based upon the stipulation of counsel (Doc. 9), the Court GRANTS the request to allow the County defendants to respond to the complaint by December 1, 2017. 4 5 6 IT IS SO ORDERED. Dated: November 13, 2017 /s/ Jennifer L. Thurston 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 STIPULATION & [PROPOSED] ORDER TO EXTEND TIME FOR ANSWER & SERVICE CASE NO. :17-CV-01097-LJO-JLT

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