Mayfield v. Orozco, et al.

Filing 46

STIPULATION and ORDER signed by Judge John A. Mendez on 5/5/15: HEARING as to 42 MOTION to DISMISS for LACK of JURISDICTION RESET for 7/1/2015 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Kaminski, H)

1 WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP
SCOTT L. GASSAWAY (SBN 53581)
2 [e-mail]
ROBERT F. TYLER, JR. (SBN 63055)
3 [e-mail]
400 Capitol Mall, Twenty-Second Floor
4 Sacramento, California 95814
5 Telephone:
[phone]
Facsimile:
[phone]
6
Attorneys for Defendants
7 REGENTS OF THE UNIVERSITY OF
CALIFORNIA and GREGORY SOKOLOV,
8 M.D., sued in his individual and official capacity
9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

11
12 JAMES JOSHUA MAYFIELD, JAMES
ALLISON MAYFIELD, JR. and TERRI
13 MAYFIELD,
14

Case No. 2:13-CV-02499-JAM-AC
ASSIGNED TO THE HONORABLE JOHN
A. MENDEZ – COURTROOM 6

Plaintiffs,

15

v.

16 IVAN OROZCO, in his individual capacity;
SHERIFF SCOTT JONES, in his individual
17 and official capacity; RICK PATTISON, in his
individual and official capacity, COUNTY OF
18 SACRAMENTO; REGENTS OF THE
UNIVERSITY OF CALIFORNIA; and DR.
19 GREGORY SOKOLOV, in his individual and
official capacity, and DOES 1-5,
20
Defendants.
21
22

STIPULATION ORDER TO CONTINUE
HEARING ON DEFENDANTS’ MOTIONS
TO DISMISS AND STRIKE
Complaint Filed: December 3, 2013
1st Amended Complaint Filed: March 26, 2014
2nd Amended Complaint Filed: March 19, 2015
Trial Date:
May 1, 2017

On April 20, 2015, defendant Regents of the University of California (“Regents”) and

23 defendant Gregory Sokolov, M.D. (“Sokolov”), in his official capacity, filed FRCP Rule 12(b)
24 motions to dismiss plaintiffs’ Second Amended Complaint as to the Regents and plaintiffs’ Third,
25 Fourth and Fifth Claims for Relief against the Regents and Sokolov in his official capacity, as well as
26 plaintiffs’ Thirteen Claim for Relief against the Regents. These same defendants contemporaneously
27 made motions under FRCP Rule 12(f) to strike specified portions of plaintiffs’ Second Amended
28 Complaint. (Doc. #42.) Subsequent to this filing, plaintiffs notified defendants that it is their
W I LK E , F LE U R Y ,
H O F FE L T , G O U LD &
B IR NE Y , LLP
ATTORNEYS AT LAW
SACRAMENTO

STIPULATION (PROPOSED) ORDER TO CONTINUE HEARING ON
DEFENDANTS’ MOTIONS TO DISMISS AND STRIKE

1280343.1

-1-

2:13-CV-02499-JAM-AC

1 intention to file a third amended complaint, which would affect the claims at issue in Defendants’
2 Rule 12(b)(6) and 12(f) motions, and would seek leave to file that third amended complaint no later
3 than May 15, 2015. Given this, defendant Regents and Sokolov agree to continue hearing on their
4 presently pending motions so as to allow plaintiffs to actually file their third amended complaint.
5 Plaintiffs and defendants Regents and Sokolov additionally submit that it serves the Court’s interest in
6 efficiency and conservation of resources, as well as the interests of all parties, to continue the hearing
7 on the presently pending motions, which, when and if the third amended complaint is actually filed
8 with the Court would thereby be rendered moot. Therefore, plaintiffs and defendants Regents and
9 Sokolov respectfully request that the court continue hearing on defendants Regents and Sokolov’s
10 presently pending 12(b) motions from May 20, 2015 to July 1, 2015 at 9:30 a.m.
11 DATED: May 5, 2015

Respectfully submitted,

12

RIFKIN LAW OFFICE
HADSELL STORMER & RENICK LLP

13
By:

14

//Lori Rifkin
LORI RIFKIN
Attorneys for Plaintiffs

15
16 DATED: May 5, 2015

Respectfully submitted,

17

WILKE, FLEURY, HOFFELT,
GOULD & BIRNEY, LLP

18
By:

19
20
21

//Robert F. Tyler, Jr.
ROBERT F. TYLER, JR.
Attorneys for Defendants
REGENTS OF THE UNIVERSITY OF
CALIFORNIA and GREGORY SOKOLOV,
M.D., sued in his individual and official capacity

22
23

The parties’ request that the hearing on defendant Regents and Sokolov’s motions to dismiss

24 and strike be moved to July 1, 2015, at 9:30 a.m. is here by GRANTED.
25

IT IS SO ORDERED.

26 DATED: 5/5/2015
27

/s/ John A. Mendez_____________
JOHN A. MENDEZ
United States District Court Judge

28
W I LK E , F LE U R Y ,
H O F FE L T , G O U LD &
B IR NE Y , LLP
ATTORNEYS AT LAW
SACRAMENTO

STIPULATION (PROPOSED) ORDER TO CONTINUE HEARING ON
DEFENDANTS’ MOTIONS TO DISMISS AND STRIKE

1280343.1

-2-

2:13-CV-02499-JAM-AC