Mammen et al v. County of Sacramento et al

Filing 33

ORDER signed by Judge John A. Mendez on 2/5/14 GRANTING joint stipulation. Plaintiffs shall file a second amended complaint by 3/14/14. 27 and 28 Motions to Dismiss are withdrawn. (Manzer, C)

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Jay Jambeck SBN #226018
Mandy G. Leigh SBN # 225748
Sarah J. Fairchild SBN #238469
LEIGH LAW GROUP
870 Market Street, Suite 1157
San Francisco, CA 94102
Telephone: [phone]
Facsimile:
415-795-3733
Email: [e-mail]
Attorneys for R.Mammen, L. Mammen and A.P.

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BEFORE THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBIN MAMMEN, LARRY MAMMEN

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Individually and as Guardian Ad Litem for A.P.

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Plaintiffs,

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v.
COUNTY OF SACRAMENTO,
DEPARTMENT OF HEALTH AND
HUMAN SERVICES; ANNE EDWARDS;
MICHELLE CALLEJAS; LUIS VILLA;
STEPHANIE LYNCH; DEBBIE WILIAMS;
CRAIG LARKEN; RENAE
RODOCKER;MIRI MEE; JACK DANIEL;
JEANINE LOPEZ; REY CARBONI;
COMMUNITY CARE LICENSING;
MICHELLE WONG; GEOFF WELLS;
BRENDA CHANEY; CHILDRENS LAW
CENTER; DANA PETERS; AND DOES 1
through 20, Inclusive
Defendants

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Case No. 2:13-CV-01588-JAM-AC
JOINT STIPULATION FOR
CONTINUANCE TO ALLOW
PLAINTIFF TO FILE AN AMENDED
COMPLAINT AND DEFENDANTS
TO WITHDRAW CURRENT
MOTIONS TO DISMISS

Plaintiffs ROBIN MAMMEN, LARRY MAMMEN AND A.P. ("Plaintiffs") and
Defendants COUNTY OF SACRAMENTO, DEPARTMENT OF HEALTH AND HUMAN
SERVICES: ANN EDWARDS: MICHELLE CALLEJAS; LUIS VILLA; STEPHANIE LYNCH;
DEBRA WILLIAMS; CRAIG LARKIN; RENAE RODOCKER; MIRI MEE; JEANNINE
LOPEZ; REY CARBONI; COMMUNITY CARE LICENSING; MICHELLE WONG; GEOFF

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JOINT STIPULATION FOR AMENDMENT OF COMPLAINT AND WITHDRAWAL OF MOTION TO DISMISS

2:13-CV-01588-JAM-AC

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WELLS; BRENDA CHANEY; CHILDRENS LAW CENTER; DANA PETERS AND DOES 1-

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100, INCLUSIVE. ("Defendants") (hereafter collectively referred to as "the Parties") submit this

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stipulation to request a continuance in this matter as follows:

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WHEREAS, Plaintiffs filed a complaint against all Defendants on August 1, 2013 [Docket1];

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WHEREAS, County Defendants filed a Motion to Dismiss on October 22, 2013 [Docket 14];

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WHEREAS, Plaintiffs filed a First Amended Complaint against all Defendants on November

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18, 2013 [Docket 16];

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WHEREAS; State Defendants filed for an extension of time on December 6, 2013 [Docket 25];

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WHEREAS, the Court signed an Order granting County Defendant’s request for an extension

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of time. [Docket 24];

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WHEREAS, County Defendants filed a Motion to Dismiss on December 23, 2013 [Docket 27];

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WHEREAS, State Defendants filed a Motion to Dismiss on January 9, 2014 [Docket 28];

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WHEREAS, Plaintiffs secured new counsel and submitted a substitution of attorney notice on

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or about February 1, 2014;

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WHEREAS, the Parties conferred by phone February 3, 2014 and agreed to stipulate to a

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continuance to permit Plaintiffs to file an amended complaint without waiving Defendants’

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right to file a motion to dismiss or to file a response;

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The Parties stipulate as follows:

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1. Plaintiff will be permitted to file an amended complaint (“Second Amended Complaint) by

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March 14, 2014;
2. Without waiving their right to file responsive pleadings pursuant to Fed. R. Civ. Proc. 12

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or to Answer the Complaint, the Defendants will withdraw their presently filed Motions to

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Dismiss;

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3. The Parties will file a Joint Case Management Conference Statement 60 days after the date

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of the filing of the amended complaint and shall confer regarding this Conference

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Statement pursuant to Judge Mendez’s Order regarding filing requirements.

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JOINT STIPULATION FOR AMENDMENT OF COMPLAINT AND WITHDRAWAL OF MOTION TO DISMISS

2:13-CV-01588-JAM-AC

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THE PARTIES SO STIPULATE.

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Dated this 4th day of February, 2014.

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Respectfully submitted,
LEIGH LAW GROUP

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By:____/s Mandy G. Leigh____
Mandy G. Leigh
Attorneys for Plaintiffs

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Dated this 4th day of February, 2014.

Respectfully submitted,

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CALIFORNIA DEPT OF JUSTICE
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By:____/s Renuka R. George

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Renuka R. George
Attorneys for Community Care Licensing;
Michelle Wong, Leon “Geoff” Wells and
Brenda Chaney (“State Defendants”)

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Dated this 4th day of February, 2014.

Respectfully submitted,

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LONGYEAR, O’DEA & LAVRA, LLP

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By: /s Amanda L. McDermott
Amanda L. McDermott
Attorneys for County of Sacramento
and the individually named County
Defendants

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JOINT STIPULATION FOR AMENDMENT OF COMPLAINT AND WITHDRAWAL OF MOTION TO DISMISS

2:13-CV-01588-JAM-AC

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BEFORE THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBIN MAMMEN, LARRY MAMMEN

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Individually and as Guardian Ad Litem for A.P.

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Plaintiffs,

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v.
COUNTY OF SACRAMENTO,
DEPARTMENT OF HEALTH AND
HUMAN SERVICES; ANNE EDWARDS;
MICHELLE CALLEJAS; LUIS VILLA;
STEPHANIE LYNCH; DEBBIE WILIAMS;
CRAIG LARKEN; RENAE
RODOCKER;MIRI MEE; JACK DANIEL;
JEANINE LOPEZ; REY CARBONI;
COMMUNITY CARE LICENSING;
MICHELLE WONG; GEOFF WELLS;
BRENDA CHANEY; CHILDRENS LAW
CENTER; DANA PETERS; AND DOES 1
through 20, Inclusive
Defendants

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Case No. 2:13-CV-01588-JAM-AC
ORDER GRANTING JOINT
STIPULATION FOR CONTINUANCE
TO ALLOW PLAINTIFF TO FILE AN
AMENDED COMPLAINT AND
DEFNDANTS TO WITHDRAW
CURRENT MOTIONS TO DISMISS

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IT IS SO ORDERED that the above-entitled Joint Stipulation is GRANTED. PLAINTIFFS shall
file a Second Amended Complaint by March 14, 2014. Additionally, the Parties shall file a Joint
Case Management Conference Statement 60 days from the date of the filing of Plaintiffs Joint
Case Management Conference Statement.

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Date: 2/5/2014

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/s/ John A. Mendez_________________
Honorable Judge John A. Mendez
Judge of the United States District Court

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JOINT STIPULATION FOR AMENDMENT OF COMPLAINT AND WITHDRAWAL OF MOTION TO DISMISS

2:13-CV-01588-JAM-AC