Pruitt et al v. County of Sacramento et al

Filing 38

STIPULATION and ORDER signed by Judge William B. Shubb on 7/2/10 ORDERING that the time within which the Defendants must file a response to Plaintiffs' First Amended Complaint be extended from 7/2/10 (Defendant County), 7/6/10 (Defendant WHARTON) and 7/9/10 (all other Defendants) to and including a new deadline of 7/14/10. (Becknal, R)

Pruitt et al v. County of Sacramento et al

Doc. 38

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PORTER * SCOTT
ATTORNEYS 350 UNIVERSITY AVE., SUITE 200 SACRAMENTO, CA 95825 TEL: [phone] FAX: [phone]

A PROFESSIONAL CORPORATION Terence J. Cassidy, SBN 99180
Stephen E. Horan, SBN 125241 Kevin M. Kreutz, SBN 264654 350 University Ave., Suite 200 Sacramento, California 95825 TEL: [phone] FAX: [phone]

Attorneys for Defendants COUNTY OF SACRAMENTO, JOHN McGINNESS, SANTOS RAMOS, BRAD ROSE, RANDY MOYA, JACQUELINE KLOSS, KEVIN STEED, STEVE WHARTON, TIMOTHY RUIZ, THOMAS LYNN, and CRAIG HARMON Public entity exempt from filing fee pursuant to Gov't Code Section 6103 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA JOHN PRUITT; JOHN PRUITT, JR., a minor, by and through his Guardian Ad Litem, his custodial parent John Pruitt; PHILLIP PRUITT, a minor, by and through his Guardian Ad Litem, his custodial parent John Pruitt; MICHAEL PRUITT, a minor, by and through his Guardian Ad Litem, his custodial parent John Pruitt; ISAIAH PRUITT, a minor, by and through his Guardian Ad Litem, his custodial parent John Pruitt; DARRYL BERG; and DEBRA BERG, v. Plaintiffs, Case No.: 2:10-cv-00416-WBS-KJN

STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME IN WHICH TO FILE RESPONSE TO FIRST AMENDED COMPLAINT [F.R.Civ.P. 6; EDCA Rule 144]

Complaint filed: 2/18/10 First Amended: 5/12/10

COUNTY OF SACRAMENTO; Sacramento County Sheriff's Department Sheriff JOHN McGINNESS; Sergeant SANTOS RAMOS; Detective SEAN BERRY; Detective BRAD ROSE; Detective RANDY MOYA; Detective JACQUELINE KLOSS; Detective KEVIN STEED; Detective STEVE WHARTON; Probation Officer TIMOTHY RUIZ; Deputy T H O M A S LYNN; Deputy CRAIG HARMON; and DOES 1-100, inclusive, Defendants. ____________________________________/

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs JOHN
PRUITT; JOHN PRUITT, JR., a minor, by and through his Guardian Ad Litem, his custodial parent John Pruitt; PHILLIP PRUITT, a minor, by and through his Guardian Ad Litem, his custodial parent 1
STIPULATION and [PROPOSED] ORDER TO EXTEND TIME IN WHICH TO FILE RESPONSE
00800674.WPD

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PORTER * SCOTT
ATTORNEYS 350 UNIVERSITY AVE., SUITE 200 SACRAMENTO, CA 95825 TEL: [phone] FAX: [phone]

John Pruitt; MICHAEL PRUITT, a minor, by and through his Guardian Ad Litem, his custodial parent John Pruitt; ISAIAH PRUITT, a minor, by and through his Guardian Ad Litem, his custodial parent John Pruitt; DARRYL BERG; and DEBRA BERG and Defendants COUNTY OF SACRAMENTO; Sacramento County Sheriff's Department Sheriff JOHN McGINNESS; Sergeant SANTOS RAMOS; Detective BRAD ROSE; Detective RANDY MOYA; Detective JACQUELINE KLOSS; Detective KEVIN STEED; Detective STEVE WHARTON; Probation Officer TIMOTHY RUIZ; Deputy THOMAS LYNN; Deputy CRAIG HARMON; by and through their respective

counsel, that the time within which the Defendants must file a response to Plaintiffs' First Amended Complaint be extended from July 2, 2010 (Defendant County), July 6, 2010 (Defendant WHARTON) and July 9, 2010 (all other Defendants) to and including a new deadline of July 14, 2010. Defendants McGINNESS, RAMOS, ROSE, MOYA, KLOSS, STEED, RUIZ, LYNN and
HARMON have not obtained any prior extensions of time within which to file a response to

Plaintiffs' complaint. Defendants COUNTY and WHARTON have each separately obtained one prior extension of time within which to file a response. Defendant COUNTY was not represented by counsel with respect to this case when it filed its prior extension. Defendant COUNTY obtained the prior stipulated extension with the assistance of counsel it has historically retained for other matters, but did not retain specifically for this matter. Defendant COUNTY requested the prior stipulation such that it could obtain counsel for this particular matter and, with the assistance of counsel, prepare a response. Defendant WHARTON received a prior stipulation in order to have sufficient time, with the assistance of counsel, to prepare a response, and seeks the Court's approval of this extension to coordinate the deadline for his response with all other Defendants represented by the undersigned counsel.

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STIPULATION and [PROPOSED] ORDER TO EXTEND TIME IN WHICH TO FILE RESPONSE
00800674.WPD

www.porterscott.com

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PORTER * SCOTT
ATTORNEYS 350 UNIVERSITY AVE., SUITE 200 SACRAMENTO, CA 95825 TEL: [phone] FAX: [phone]

Respectfully submitted, Dated: July 1 , 2010 ROSEN, BIEN & GALVAN, LLP By /s/ Lisa Ells (*As authorized on 7/1/10) Sanford Jay Rosen Ernest Galvan Lisa Ells Attorneys for Plaintiffs JOHN PRUITT; JOHN PRUITT, JR., a minor, by and through his Guardian Ad Litem, his custodial parent John Pruitt; PHILLIP PRUITT, a minor, by and through his Guardian Ad Litem, his custodial parent John Pruitt; MICHAEL PRUITT, a minor, by and through his Guardian Ad Litem, his custodial parent John Pruitt; ISAIAH PRUITT, a minor, by and through his Guardian Ad Litem, his custodial parent John Pruitt; DARRYL BERG; and DEBRA BERG

Dated: July 1 , 2010

PORTER SCOTT A PROFESSIONAL CORPORATION By /s/ Terence J. Cassidy Terence J. Cassidy Stephen E. Horan Kevin M. Kreutz Attorneys for Defendants COUNTY OF SACRAMENTO, JOHN McGINNESS, SANTOS RAMOS, BRAD ROSE, RANDY MOYA, JACQUELINE KLOSS, KEVIN STEED, STEVE WHARTON, TIMOTHY RUIZ, THOMAS LYNN, and CRAIG HARMON

IT IS SO ORDERED. Dated: July 2, 2010

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STIPULATION and [PROPOSED] ORDER TO EXTEND TIME IN WHICH TO FILE RESPONSE
00800674.WPD

www.porterscott.com