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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JEFF DOMINIC PRICE | SBN 165534
2500 Broadway, Suite 125
Santa Monica, CA 90404
T: [phone]
e-mail: [e-mail]

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Sanjay S. Schmidt | SBN 247475
LAW OFFICE OF SANJAY S. SCHMIDT
1388 Sutter Street, Suite 810
San Francisco, CA 94109
T: [phone]
F: [phone]
e-mail: [e-mail]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN SCALIA, individually and as
successor-in-interest of Decedent
KIMBERLY MORRISSEY-SCALIA,

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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.

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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
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STIPULATION & [PROPOSED] ORDER TO
EXTEND TIME FOR ANSWER & SERVICE
CASE NO. :17-CV-01097-LJO-JLT

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respectfully stipulate under Local Rule 144(a) to an extension of time – up to and including

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December 1, 2017 – for the County Defendants to file a joint Answer to Plaintiff’s complaint.

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The undersigned counsel for Plaintiff represents to the Court that, based on an email from – and

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telephone call with – Mr. Fontes today (11/13/17), County Defendants will be represented by:

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Scott Fontes
Deputy County Counsel
Office of County Counsel, Kern County
1115 Truxtun Avenue, Fourth Floor
Bakersfield, CA 93301
Phone: [phone]
Fax: [phone]
Email: [e-mail]
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

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communication with the Office of Counsel for Kern County regarding acceptance of service on

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behalf of the County employees; counsel spoke to Mark Nations, County Counsel, on October 25,

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2017, in which Mr. Nations indicated service would likely be accepted on the employees’ behalf,

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but he needed to speak to the employees formally to confirm this. This conversation was followed

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up and confirmed that day with an email, which included Dkts. 1, 2, 4, 4-1, 4-2, and 4-3, all of the

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documents that need to be served. A follow-up email was sent, inquiring as to the status, on

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October 31, 2017. A response was received by Mr. Nations on November 6, 2017, indicating he

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had not yet heard back, but that the request had been forwarded to the Chief of Litigation, Charles

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Collins. He also indicated in this email that “[a]ccepting service is usually not an issue[.]”

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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

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lawsuit and their right to a defense by the Office of County Counsel. Mr. Fontes has not yet
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heard back from the individually named County defendants, but will seek a waiver of service

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STIPULATION & [PROPOSED] ORDER TO
EXTEND TIME FOR ANSWER & SERVICE
CASE NO. :17-CV-01097-LJO-JLT

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from each them, in order to jointly respond to the complaint on behalf of all County defendants
on or before December 1, 2017.

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Accordingly, the parties agree that there is good cause to extend the 90-day period for

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service set by Fed. R. Civ. P. 4(m). Plaintiff and the County Defendants, thus, further stipulate to

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an extension of 30-days for service to be either accepted by counsel or effected on the individual

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County employees, DONNY YOUNGBLOOD, JOEL SWANSON, RANDI ALLEN, and

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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

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to be effected.

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Dated: November 13, 2017

JEFF DOMINIC PRICE
-andLAW OFFICE OF SANJAY S. SCHMIDT

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

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Respectfully Submitted,

Dated: November 13, 2017

Respectfully Submitted,

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SCOTT FONTES
Deputy County Counsel
Office of County Counsel, Kern County

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/s/ Scott Fontes*
SCOTT FONTES
Attorneys for County of Kern Defendants

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*

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Counsel gave his permission to affix his electronic signature to this Stipulation and Proposed
Order, on November 13, 2017.

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STIPULATION & [PROPOSED] ORDER TO
EXTEND TIME FOR ANSWER & SERVICE
CASE NO. :17-CV-01097-LJO-JLT

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[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.

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IT IS SO ORDERED.
Dated:

November 13, 2017

/s/ Jennifer L. Thurston

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UNITED STATES MAGISTRATE JUDGE

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STIPULATION & [PROPOSED] ORDER TO
EXTEND TIME FOR ANSWER & SERVICE
CASE NO. :17-CV-01097-LJO-JLT