Jewett v. California Forensic Medical Group et al

Filing 63

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr., on 6/1/16, ORDERING that the Court grants leave for Plaintiff to file a Fifth Amended Complaint. (Kastilahn, A)

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KEKER & VAN NEST LLP
STEVEN P. RAGLAND - # 221076
[e-mail]
AJAY S. KRISHNAN - # 222476
[e-mail]
TAYLOR GOOCH - # 294282
[e-mail]
633 Battery Street
San Francisco, CA 94111-1809
Telephone:
415 391 5400
Facsimile:
415 397 7188
ATABEK & ASSOCIATES
JON A. ATABEK, Esq. - # 269497
57 Bianco
Irvine, CA 92618
Telephone:
213 394 5943
Facsimile:
213 402 3413

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DISABILITY RIGHTS LEGAL CENTER
ANNA RIVERA - # 239601
[e-mail]
KARA JANSSEN - # 274762
256 S. Occidental Blvd., Suite B
Los Angeles, CA 90057
Telephone:
213 736 1031
Facsimile:
213 736 1428

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LAW OFFICES OF JEROME M. VARANINI
JEROME MARTIN VARANINI - # 58531
[e-mail]
641 Fulton Avenue, Suite 200
Sacramento, CA 95825
Telephone:
916 993 4868
Facsimile:
916 993 6750
Attorneys for Defendants CALIFORNIA
FORENSIC MEDICAL GROUP, INC.
BRICKWOOD LAW OFFICE
GARY CHARLES BRICKWOOD - # 94892
[e-mail]
1135 Pine Street, Suite 210
Redding, CA 96001
Telephone:
530 245 1877
Facsimile:
530 245 1879

Attorneys for Plaintiffs EVERETT JEWETT

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Attorney for Defendant SHASTA COUNTY
SHERIFF'S DEPARTMENT

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EVERETT JEWETT,

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Plaintiffs,
v.
SHASTA COUNTY SHERIFF’S
DEPARTMENT, A PUBLIC ENTITY; Dr.
JEREMY AUSTIN, an individual; MARY
BARNS, an individual; JAMES
ROEMECH, an individual; Tom Bosenko,
as Sheriff of the Shasta County, and
SHASTA COUNTY, a public entity; and
CALIFORNIA FORENSIC MEDICAL
GROUP, INC. a private entity,

Case No. 2:13-cv-0882 MCE AC (PC)
JOINT STIPULATION AND ORDER
GRANTING PLAINTIFF LEAVE TO FILE
FIFTH AMENDED COMPLAINT
Date Filed: May 16, 2013
Trial Date: Not Assigned

Defendants.

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1062672.01

JOINT STIPULATION AND ORDER GRANTING
PLAINTIFFS PERMISSION TO FILE FIFTH AMENDED COMPLAINT
Case No. 2:13-cv-0882 MCE AC (PC)

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The parties, through their attorneys of record, stipulate and jointly agree to the filing of
Plaintiff’s Fifth Amended Complaint.
1.

The parties have previously filed, and been granted, three requests for an extension

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of the discovery cut-off date dispositive motion deadline and one request for an extension to file a

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fifth amended complaint. The parties’ prior requests for an extension of the discovery cut-off

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were granted on March 4, 2015, August 28, 2015, and March 16, 2016. The parties’ prior request

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for an extension to file a fifth amended complaint was granted on May 17, 2016.

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2.

The Proposed Amended Complaint would be Plaintiff’s fifth amended complaint

and Plaintiff’s first amended complaint while represented by counsel.
3.

The proposed Fifth Amended Complaint would cause the following changes:

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A. Add Defendants Shasta County, Sheriff Tom Bosenko, named solely in his

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official capacity in the injunctive relief claims only, and Does 1 through

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25;

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B. remove Defendants Dr. Jeremy Austin, Mary Barns, and James Roemech;

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C. add claims against Defendants Shasta County Sheriff’s Department, Tom

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Bosenko, Shasta County, and California Forensic Medical Group, under

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Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.),

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California Government Code Section 11135, et seq. and California

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Government Code § 4450, et seq.,;

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D. add a claim against all Defendants under the Bane Act (California Civil
Code Section 52.1);
E. add a claim against California Forensic Medical Group under the Unruh

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Civil Rights Act (Cal. Civil Code §51, et seq.) and Title III of the

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Americans with Disabilities Act (42 U.S.C § 12181 et. seq.;

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F. add the following individual plaintiffs who seek injunctive and declaratory

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relief arising out of the same policies and procedures that were challenged

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in the Fourth Amended Complaint: Glen Harold Everett, Michael Donald

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Ackley, and Harold Robert Marquette;
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1062672.01

JOINT STIPULATION AND ORDER GRANTING
PLAINTIFFS PERMISSION TO FILE FIFTH AMENDED COMPLAINT
Case No. 2:13-cv-0882 MCE AC (PC)

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G. add Legal Services for Prisoners with Children (“LSPC”) as an

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organizational plaintiff;

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H. amend these claims for injunctive relief such that they are made on a class-

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wide basis.
4.

The parties collectively agree that Defendants reserve the right to challenge class

certification.
5.

Defendants request 45 days from filing of the Fifth Amended Complaint to answer

or otherwise respond to the Complaint.
6.

The parties collectively request leave from the Court to allow for the filing of the

Fifth Amended Complaint attached hereto as Exhibit A.

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Dated: May 25, 2016

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KEKER & VAN NEST LLP
By:

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Attorneys for Plaintiffs
EVERETT JEWETT

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/s/ Taylor Gooch
STEVEN P. RAGLAND
AJAY S. KRISHNAN
TAYLOR GOOCH

Dated: May 25, 2016

LAW OFFICES OF JEROME M. VARANINI

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By:

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Attorneys for Defendants
CALIFORNIA FORENSIC MEDICAL GROUP,
INC., DR., JEREMY AUSTIN, MARY BARNES,
AND JAMES ROEMMICH

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/s/ Jerome Varanini (as authorized on May 25, 2016)
JEROME MARTIN VARANINI

Dated: May 25, 2016

BRICKWOOD LAW OFFICE

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By:

/s/Gary Charles Brickwood (as authorized on May 25,
2016)
GARY CHARLES BRICKWOOD
Attorneys for Defendant SHASTA COUNTY
SHERIFF'S DEPARTMENT

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1062672.01

JOINT STIPULATION AND ORDER GRANTING
PLAINTIFFS PERMISSION TO FILE FIFTH AMENDED COMPLAINT
Case No. 2:13-cv-0882 MCE AC (PC)

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I hereby attest that I have on file all holographic signatures corresponding to any
signatures indicated by a conformed signature (/S/) within this e-filed document.

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ORDER

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On May25, 2016, the parties, through their attorneys of record, filed a Joint Stipulation

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and [Proposed] Order granting the filing of Plaintiff’s Fifth Amended Complaint. Good cause

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appearing, the motion is granted.

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Accordingly, IT IS HEREBY ORDERED that the Court grants leave for Plaintiff to file a
Fifth Amended Complaint.
IT IS SO ORDERED.
Dated: June 1, 2016

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1062672.01

JOINT STIPULATION AND ORDER GRANTING
PLAINTIFFS PERMISSION TO FILE FIFTH AMENDED COMPLAINT
Case No. 2:13-cv-0882 MCE AC (PC)