Bock et al v. County of Sutter et al

Filing 19

ORDER signed by Judge Morrison C. England, Jr on 8/29/11 ORDERING that Plaintiffs' ex parte application to exceed the page limit for their Opposition to Defendants' Motion to Dismiss is GRANTED. (Becknal, R)

ERNEST GALVAN – 196065

1 AARON J. FISCHER – 247391
ROSEN, BIEN & GALVAN, LLP

2 315 Montgomery Street, Tenth Floor
San Francisco, California 94104-1823

3 Telephone:
Facsimile:
4 Email:
5

[phone]
[phone]
[e-mail]
[e-mail]

GERI LYNN GREEN – 127709

6 LAW OFFICES OF GERI LYNN GREEN, LC
155 Montgomery Street, Suite 901

7 San Francisco, California 94104-4166
Telephone: [phone]
8 Facsimile: [phone]
Email:
[e-mail]
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Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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Estate of RODNEY LOUIS BOCK, deceased, by

Case No. CIV 11-cv-00536 (MCE) (GGH)

Administrator; KIMBERLY BOCK; KELLIE

EX PARTE APPLICATION TO
EXCEED PAGE LIMIT IN
PLAINTIFFS’ OPPOSITION TO
DEFENDANTS’ MOTION TO
DISMISS; DECLARATION OF
AARON J. FISCHER IN SUPPORT
THEREOF; ORDER THEREON

14 and through CYNDIE DENNY BOCK, as

15 BOCK; HILLARY BOCK; M.B., minor through
her mother and guardian ad litem Cyndie Denny

16 Bock; LAURA LYNN BOCK; and ROBERT
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BOCK,
Plaintiffs,
v.
COUNTY OF SUTTER; COUNTY OF YUBA;
J. PAUL PARKER, Sutter County Sheriff’s
Department Sheriff; TOM SHERRY, Director of
Human Services of Sutter and Yuba Counties;
AMERJIT BHATTAL, Assistant Director of
Human Services–Health Division of Sutter and
Yuba Counties; BRAD LUZ, Assistant Director of
Human Services–Mental Health of Sutter and Yuba
Counties; JOHN S. ZIL; CHRISTOPHER
BARNETT; SADOUTOUNNISSA MEER; and
Does I through XL, inclusive,
Defendants.

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EX PARTE APPLICATION TO EXCEED PAGE LIMIT IN PLAINTIFFS’ OPPOSITION TO DEFENDANTS’
MOTION TO DISMISS; DECLARATION OF AARON J. FISCHER IN SUPPORT THEREOF

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APPLICATION
Plaintiffs Estate of RODNEY LOUIS BOCK, deceased, by and through CYNDIE

3 DENNY BOCK, as Administrator; KIMBERLY BOCK; KELLIE BOCK; HILLARY
4 BOCK; M.B., minor through her mother and guardian ad litem Cyndie Denny Bock;
5 LAURA LYNN BOCK; and ROBERT BOCK (hereinafter collectively “Plaintiffs”)
6 hereby apply for an order allowing Plaintiffs to exceed the page limit for their Opposition
7 to Defendants’ Motion to Dismiss.
8

Plaintiffs respectfully submit that good cause exists to allow them to exceed the

9 twenty (20) page limitation as set forth in the Order Requiring Joint Status Report dated
10 February 25, 2011 (Dkt. No. 5 at 4) because the nature of claims involving both federal
11 constitutional claims and state law claims, as against multiple individual and municipal
12 defendants, render it impossible to address the complex issues raised by the twenty-four
13 (24) page Memorandum of Points and Authorities In Support of Defendants’ Motion to
14 Dismiss within the page limitation provided in the Order Requiring Joint Status Report.
15

Despite a good faith effort by Plaintiffs to comply with the page limitation,

16 Plaintiffs seek leave to file a memorandum of twenty-five (25) pages in order to adequately
17 address all the necessary issues raised within Defendants’ memorandum and establish the
18 sufficiency of the First Amended Complaint. Based upon the foregoing, Plaintiffs submit
19 good cause exists, and thus the Court should grant this Application.
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DATED: August 23, 2011

Respectfully submitted,

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ROSEN, BIEN & GALVAN, LLP

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By: /s/ Aaron J. Fischer
Aaron J. Fischer

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Attorneys for Plaintiffs

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[539632-1]

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EX PARTE APPLICATION TO EXCEED PAGE LIMIT IN PLAINTIFFS’ OPPOSITION TO DEFENDANTS’
MOTION TO DISMISS; DECLARATION OF AARON J. FISCHER IN SUPPORT THEREOF

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DECLARATION OF AARON J. FISCHER

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I, Aaron J. Fischer, declare:

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1.

I am an attorney admitted to practice law in California, a member of the bar

4 of this Court, and an associate in the law firm of Rosen, Bien & Galvan LLP, counsel of
5 record for Plaintiffs. I have personal knowledge of the matters set forth herein, and if
6 called as a witness I could competently so testify. I make this declaration in support of
7 Plaintiffs’ Ex Parte Application to Exceed Page Limit in Plaintiffs’ Opposition to
8 Defendants’ Motion to Dismiss.
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2.

Defendants’ Memorandum of Points and Authorities In Support of Motion to

10 Dismiss of Defendants is twenty-four (24) pages, and contains argument as to each of
11 Plaintiffs’ eleven (11) causes of action. Plaintiffs have in good faith attempted to address
12 the complex issues raised by Defendants’ memorandum within the page limitation
13 provided by the Order Requiring Joint Status Report, dated February 25, 2011. Plaintiffs
14 require twenty-five (25) pages for their Opposition to Defendants’ Motion to Dismiss in
15 order to adequately address the deficiencies in Defendants’ arguments and establish the
16 sufficiency of the First Amended Complaint.
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3.

Accordingly, on behalf of Plaintiffs, I respectfully request leave to exceed

18 the page limitation provided by the Order Requiring Joint Status Report.
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I declare under penalty of perjury under the laws of the United States and the State

20 of California that the foregoing is true and correct, and that this declaration is executed at
21 San Francisco, California this 23rd day of August, 2011.
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/s/ Aaron J. Fischer
Aaron J. Fischer

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EX PARTE APPLICATION TO EXCEED PAGE LIMIT IN PLAINTIFFS’ OPPOSITION TO DEFENDANTS’
MOTION TO DISMISS; DECLARATION OF AARON J. FISCHER IN SUPPORT THEREOF

ORDER

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Proof of good cause having been made to the satisfaction of this Court that the

3 application sought for Plaintiffs’ ex parte application to exceed the page limit for their
4 Opposition to Defendants’ Motion to Dismiss should be granted, IT IS ORDERED that the
5 application is GRANTED.
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IT IS SO ORDERED.
Dated: August 29, 2011

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__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE

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EX PARTE APPLICATION TO EXCEED PAGE LIMIT IN PLAINTIFFS’ OPPOSITION TO DEFENDANTS’
MOTION TO DISMISS; DECLARATION OF AARON J. FISCHER IN SUPPORT THEREOF