Bock et al v. County of Sutter et al

Filing 37

ORDER signed by Judge Morrison C. England, Jr on 4/27/12 ORDERING that Defendants' Ex Parte Application 35 is GRANTED. Defendants may file points and authorities not to exceed thirty (30) pages in length; the same page restrictions apply to Plaintiff's opposition memorandum. A reply, if any, shall not be more than fifteen (15) pages. (Mena-Sanchez, L)

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A PROFESSIONAL CORPORATION

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Terence J. Cassidy, SBN 99180
John R. Whitefleet, SBN 213301
350 University Ave., Suite 200
Sacramento, California 95825
TEL: [phone]
FAX: [phone]

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Attorneys for Defendants COUNTY OF SUTTER, COUNTY OF YUBA, J. PAUL
PARKER, DAVID SAMSON, NORMAN BIDWELL, JOHN S. ZIL, CHRISTOPHER
BARNETT, BOBBY JOE LITTLE, DAVID CALAPINI, SHAUN FLIEHMAN, KATY
MULLIN, and DONISE MCGINNIS (erroneously sued as Denise McGinnins)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ESTATE OF RODNEY LOUIS BOCK,
deceased, by and through CYNDIE DENNY
BOCK, as Administrator; KIMBERLY
BOCK; KELLIE BOCK HILLARY BOCK;
M.B. minor through her mother and guardian
ad litem Cyndie Denny Bock; LAURA LYNN
BOCK; and ROBERT BOCK,

CASE NO: 2:11-cv-00536-MCE-GGH
DEFENDANTS’ EX PARTE
APPLICATION TO EXCEED PAGE
LIMITS FOR MEMORANDUM OF
POINTS AND AUTHORITIES IN
SUPPORT OF MOTION TO DISMISS
THIRD AMENDED COMPLAINT;
DECLARATION IN SUPPORT
THEREOF ; ORDER THREON

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Plaintiffs,
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vs.
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COUNTY OF SUTTER; COUNTY OF
YUBA; J.PAUL PARKER, Sutter County
Sheriff’s Department Sheriff; DAVID
SAMSON, Sutter County Jail Division
Commander; NORMAN BIDWELL,
Sutter County Jail Corrections Lieutenant;
JOHN S. ZIL; C H R ISTO PH ER
BARNETT; BOBBY JOE LITTLE;
DAVID CALAPINI; SHAUN
FLIEHMAN; R.C.; KATY MULLIN;
DENISE M CGINN IS; SU TTER
COUNTY JAIL FACILITY MANAGER;
and Does I through XL, inclusive,

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Defendants.
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/

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I.

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APPLICATION

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Defendants COUNTY OF SUTTER, COUNTY OF YUBA, J. PAUL PARKER,

PORTER * SCOTT
ATTORNEYS
3 5 0 U N I V E R S IT Y A V E ., S U I T E 2 0 0

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SACRAM EN T O , CA 95825
T E L : 9 1 6 . 9 2 9 .1 4 8 1
F A X : 9 1 6 . 9 2 7 .3 7 0 6

www.porterscott.com

01009823.WPD

EX PARTE APPLICATION TO EXCEED PAGE LIM ITS

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DAVID SAMSON, NORMAN BIDWELL, JOHN S. ZIL, CHRISTOPHER BARNETT,

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BOBBY JOE LITTLE, DAVID CALAPINI, SHAUN FLIEHMAN, KATY MULLIN, and

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DONISE MCGINNIS (erroneously sued as Denise McGinnins) (hereinafter collectively

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“Defendants”) hereby apply for an order allowing Defendants to exceed the page limit for

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a memorandum of points and authorities in support of their Motion Dismiss the Third

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Amended Complaint.

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

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twenty (20) page limitation as set forth in the Order Requiring Joint Status Report dated

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February 25, 2011 (p.4:1-3, Docket Entry No. 5) because the nature of claims involving both

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federal constitutional claims and state law claims, as against multiple defendants both

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individual and entities, together with the affirmative defenses and immunities that arise from

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said pleadings, render it impossible to address the complicated issues raised by Plaintiffs’

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eighty-six (86) page complaint that contains eleven express claims for relief, within the page

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limitation provided in the Order Requiring Joint Status Report dated February 25, 2011.

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Despite a good faith effort by Defendants to comply with the page limitation, it was

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impossible to do so while sufficiently addressing all the necessary issues raised within the

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operative complaint in approximately twenty-five (25) pages. Based upon the foregoing,

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Defendants submit good cause exists, and thus the Court should grant this Application.

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DATED: April 25, 2012
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Respectfully submitted,
PORTER SCOTT
A Professional Corporation

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By

/s/ John R. Whitefleet
Terence J. Cassidy
John R. Whitefleet
Attorney for Defendants

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PORTER * SCOTT
ATTORNEYS
3 5 0 U N I V E R S IT Y A V E ., S U I T E 2 0 0

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SACRAM EN T O , CA 95825
T E L : 9 1 6 . 9 2 9 .1 4 8 1
F A X : 9 1 6 . 9 2 7 .3 7 0 6

www.porterscott.com

01009823.WPD

EX PARTE APPLICATION TO EXCEED PAGE LIM ITS

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II.
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DECLARATION OF JOHN R. WHITEFLEET
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I, John R. Whitefleet, declare:
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1.

I am an attorney at law licensed to practice before all the courts in the State of

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California and the United States District Court, Eastern District of California and am a
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shareholder with the law firm of Porter Scott, a Professional Corporation, attorneys for
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Defendants in the above-titled matter.
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2.

The operative complaint of Plaintiffs is eighty-six (86) pages that contains

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eleven express claims for relief, several embedded claims, involving both federal
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constitutional claims and state law claims, as against multiple defendants both individual and
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entities. Defendants have in good faith attempted to address the complicated issues raised
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by Plaintiffs’ operative complaint within the page limitation provided by the Order Requiring
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Joint Status Report dated February 25, 2011. Sufficiently addressing the deficiencies in these
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claims, together with potential affirmative defenses and immunities, Defendants anticipate
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filing a Motion to Dismiss that is approximately twenty-five (25) pages.
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3.

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

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the page limitations provided by the Order Requiring Joint Status Report dated February 25,
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2011.
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I declare under penalty of perjury under the laws of the State of California, that the
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foregoing is true and correct and if called to testify as a witness in this matter I can and will
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testify competently as to the matters of fact contained herein based upon my personal
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knowledge. Executed this 25 day of April, 2012, at Sacramento, California.
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/s/ John R Whitefleet
John R. Whitefleet

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PORTER * SCOTT
ATTORNEYS
3 5 0 U N I V E R S IT Y A V E ., S U I T E 2 0 0

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SACRAM EN T O , CA 95825
T E L : 9 1 6 . 9 2 9 .1 4 8 1
F A X : 9 1 6 . 9 2 7 .3 7 0 6

www.porterscott.com

01009823.WPD

EX PARTE APPLICATION TO EXCEED PAGE LIM ITS

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ORDER

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

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application sought for Defendants to exceed the page limit for a memorandum of points and

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authorities in support of their Motion to Dismiss the Third Amended Complaint should be

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granted, IT IS SO ORDERED that the application be, and hereby is, GRANTED.

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Defendants may file points and authorities not to exceed thirty (30) pages in length; the same

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page restrictions apply to Plaintiff’s opposition memorandum. A reply, if any, shall not be

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more than fifteen (15) pages.

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IT IS SO ORDERED.

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Dated: April 27, 2012
________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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PORTER * SCOTT
ATTORNEYS
3 5 0 U N I V E R S IT Y A V E ., S U I T E 2 0 0

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SACRAM EN T O , CA 95825
T E L : 9 1 6 . 9 2 9 .1 4 8 1
F A X : 9 1 6 . 9 2 7 .3 7 0 6

www.porterscott.com

01009823.WPD

EX PARTE APPLICATION TO EXCEED PAGE LIM ITS