Ludavico v. Sacramento County et al

Filing 73

STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr. on 08/25/11 ORDERING that dfts Sacramento County, Sacramento County Sheriff's Dept., John Mcginness, Daniel Zuniga, Adrian Zuniga, Exter Poew, Michael Heller, Brett Schnnep, Greg Hanks, Chris Mora, John Sydow and Chris Weightman have until 09/30/11 to file a responsive pleading to plfs' Second Corrected Second Amended Complaint. (Benson, A.)

William E. Bonham, SB# 55478
Attorney at Law
916 Second Street, 2nd Floor, Ste. A
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorney for Plaintiffs: Thomas LUDAVICO, Sr., Thomas LUDAVICO, Jr., Ashley LUDAVICO
A PROFESSIONAL CORPORATION

Michael W. Pott, SBN 186156
Derek J. Haynes, SBN 264621
350 University Ave., Suite 200
Sacramento, California 95825
TEL: [phone]
FAX: [phone]
[e-mail]

[e-mail]
Attorneys for Defendants SACRAMENTO COUNTY, SACRAMENTO COUNTY SHERIFF’S
DEPARTMENT, JOHN MCGINNESS, DANIEL ZUNIGA, ADRIAN ZUNIGA, DEPUTY
POWE, DEPUTY HELLER (erroneously sued as “MUELLER”) and DEPUTY SCHANNEP
(erroneously sued as “SCHANAP”)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
THOMAS LUDAVICO, Sr., THOMAS CASE NO. 2:08-CV-01473-FCD-JFM
LUDAVICO, Jr.; ASHLEY LUDAVICO,
Plaintiffs,

SUPPLEMENTAL STIPULATION AND
ORDER TO EXTEND TIME FOR
vs.
DEFENDANTS TO FILE A RESPONSE
TO PLAINTIFFS’ SECOND
SACRAMENTO COUNTY, a Government CORRECTED SECOND AMENDED
Entity; SACRAMENTO COUNTY SHERIFF’S COMPLAINT
DEPARTMENT, a Public Entity; JOHN
MCGINNESS, an individual; ELK GROVE
UNIFIED SCHOOL DISTRICT, a Public Entity; Complaint Filed: 06/24/2008
DANIEL ZUNIGA, an individual; ADRIAN 2nd Corrected 2nd Amended Complaint
ZUNIGA, an individual; JIM ROSE, an Filed: 08/05/2011
individual; DEPUTY POWE, an individual;
DEPUTY MUELLER, an individual; DEPUTY
SCHANAP, an individual; and DOES 1 to 50,
inclusive,
Defendants.
_______________________________________/

1
SUPPLEMENTAL STIPULATION AND ORDER TO EXTEND TIME FOR DEFENDANTS TO FILE A
RESPONSE TO PLAINTIFFS’ SECOND CORRECTED SECOND AMENDED COMPLAINT

Pursuant to Local Rule 144(a), it is hereby stipulated and agreed by and between Plaintiffs
THOMAS LUDAVICO, SR., THOMAS LUDAVICO, JR., AND ASHLEY LUDAVICO and
Defendants

SACRAMENTO

COUNTY,

SACRAMENTO

COUNTY

SHERIFF’S

DEPARTMENT, JOHN MCGINNESS, DANIEL ZUNIGA, ADRIAN ZUNIGA, DEXTER
POWE, MICHAEL HELLER, BRETT SCHANNEP, GREG HANKS, CHRIS MORA, JOHN
SYDOW, and CHRIS WEIGHTMAN, by and through their respective undersigned counsel, that
Defendants may have until September 30, 2011 to respond to Plaintiffs’ Second Corrected
Second Amended Complaint [Docket No. 68].
The parties filed a similar stipulation requesting an extension to August 29, 2011 so they
could focus their time and resources on the Voluntary Dispute Resolution Program (VDRP)
Session scheduled for August 24, 2011 [Docket No.70]. The Court granted that request by Order
dated August 19, 2011 [Docket No. 71].
On August 23, 2011, the day before the scheduled VDRP Session, the VDRP Neutral, Mr.
Mark Wasser, advised that he had an emergency and would have to reschedule the Session. The
VDRP Session is now rescheduled for September 22, 2011. Therefore, the parties respectfully
request a further extension of time, giving Defendants until September 30, 2011 to respond to
Plaintiffs’ Second Corrected Second Amended Complaint. If that session does not result in a
settlement, Defendants will move forward with filing their responsive pleading.
IT IS SO STIPULATED
Dated: August 25, 2011

PORTER SCOTT
A PROFESSIONAL CORPORATION
By /s/ Michael W. Pott
Michael W. Pott
Derek J. Haynes
Attorneys for Defendants

Dated: August 25, 2011
By: /s/ William E. Bonham (authorized 08/25/11)
William E. Bonham
Attorney for Plaintiffs

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SUPPLEMENTAL STIPULATION AND ORDER TO EXTEND TIME FOR DEFENDANTS TO FILE A
RESPONSE TO PLAINTIFFS’ SECOND CORRECTED SECOND AMENDED COMPLAINT

ORDER
This Court, having considered the parties stipulation, orders that Defendants
SACRAMENTO COUNTY, SACRAMENTO COUNTY SHERIFF’S DEPARTMENT, JOHN
MCGINNESS, DANIEL ZUNIGA, ADRIAN ZUNIGA, DEXTER POWE, MICHAEL HELLER,
BRETT SCHANNEP, GREG HANKS, CHRIS MORA, JOHN SYDOW, and CHRIS
WEIGHTMAN may have until September 30, 2011 to file a responsive pleading to Plaintiffs’
Second Corrected Second Amended Complaint.
IT IS SO ORDERED.

Dated: August 25, 2011

_______________________________________
FRANK C. DAMRELL, JR.
UNITED STATES DISTRICT JUDGE

3
SUPPLEMENTAL STIPULATION AND ORDER TO EXTEND TIME FOR DEFENDANTS TO FILE A
RESPONSE TO PLAINTIFFS’ SECOND CORRECTED SECOND AMENDED COMPLAINT