Smithee et al v. California Correctional Institution et al

Filing 28

ORDER re 27 Stipulation to Extend Time To Respond To Second Amended Complaint, signed by Magistrate Judge Jennifer L. Thurston on 06/05/2019. (Hall, S)

1
2
3
4
5
6
7

XAVIER BECERRA, State Bar No. 118517
Attorney General of California
JON S. ALLIN, State Bar No. 155069
Supervising Deputy Attorney General
JEREMY DUGGAN, State Bar No. 229854
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 Defendant
R. Litt-Stoner

8
9

IN THE UNITED STATES DISTRICT COURT

10

FOR THE EASTERN DISTRICT OF CALIFORNIA

11

FRESNO DIVISION

12
13

DANA SMITHEE, et al.,

14
15

v.

Case No. 1:19-cv-00004 LJO JLT
Plaintiffs, STIPULATION TO EXTEND TIME TO
RESPOND TO SECOND AMENDED
COMPLAINT; [PROPOSED] ORDER

16
17

(Doc. 24)
CA CORRECTIONAL INSTITUTION,
et al.,

18

Defendants.

19
20

The Court has ordered that Defendants in this matter respond to the Second Amended

21

Complaint within 21 days of its filing. (ECF No. 25.) Plaintiffs filed the Second Amended

22

Complaint on May 24, 2019. (ECF No. 26.)

23

Defendant Litt-Stoner is the only Defendant to appear in this matter, her response to the

24

Second Amended Complaint is therefore due June 14, 2019. Defendant Litt-Stoner’s counsel has

25

informed Plaintiffs’ counsel, and now informs the Court, that he has a long-planned vacation

26

scheduled for June 7-16.

27
28

The four other Defendants (Narayn, Seymour, Nesson, and Celosse) have not yet been
served with any complaint or summons in this matter. Plaintiffs have requested that Defendant
1
Stipulation to Extend Time and [Proposed] Order (1:19-cv-00004 LJO JLT)

1
2
3
4
5
6
7
8
9
10
11
12
13
14

Litt-Stoner’s counsel accept service. Defendant Litt-Stoner’s counsel responded that he has not
yet confirmed that he will be representing those four Defendants, and so he cannot accept service
at this point.
In view of the fact that four of the five named Defendants have not yet been served, and in
view of defense counsel’s planned vacation, the parties hereby stipulate and agree as follows:
(1)

Defendant Litt-Stoner’s response to Plaintff’s Second Amended Complaint shall be

due June 24, 2019;
(2)

The remaining Defendants’ responses shall be due after service, in accordance with

the Federal Rules of Civil Procedure.
Adoption of this stipulation will not cause significant delay in the case or prejudice to any party.
The proposed due date for Litt-Stoner’s response is only four days after the response date that
would have resulted had Plaintiffs filed the Second Amended Complaint on May 30, 2019, as
contemplated by the Court’s order. There have been no previous extensions of time sought for
this filing deadline.

15
16

Dated: June 3, 2019

Willoughby Brod, LLP

17

/s/ Gregory J. Brod (as authorized 6/3/2019)

18

Gregory J. Brod
Attorneys for Plaintiffs Dana Smithee and
E.M., a minor by and through guardian ad
litem Jennifer Montes

19
20
21

Dated: June 3, 2019

XAVIER BECERRA
Attorney General of California
JON S. ALLIN
Supervising Deputy Attorney General

22
23

/s/ Jeremy Duggan
24
JEREMY DUGGAN
Deputy Attorney General
Attorneys for Defendants
State of California and R. Litt-Stoner

25
26
27
28
2

Stipulation to Extend Time and [Proposed] Order (1:19-cv-00004 LJO JLT)

1
2

[Proposed] ORDER
The Court notes that the previous stipulation (Doc. 25), related to the parties’ agreement to

3

allow the plaintiff to file a second amended complaint, was binding only on the parties who

4

signed the stipulation—the plaintiffs and defendant Litt-Stoner. Consequently, the Courts order

5

applied only to those parties, which are the only parties over whom it has jurisdiction currently.

6

Thus, the Court ORDERS:

7

1.

Defendant Litt-Stoner SHALL file the responsive pleading no later than June 24,

8

2019;

9

2.

The request as to the remaining unserved defendants is DENIED as UNRIPE.

10
11
12

IT IS SO ORDERED.
Dated:

June 5, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Stipulation to Extend Time and [Proposed] Order (1:19-cv-00004 LJO JLT)