Contreras v. National Guard Bureau et al

Filing 91

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 1/17/18, ORDERING that the Status (Pretrial Scheduling) Conference presently scheduled for 1/26/2018, be continued to a date to be determined after the three pending Motions to Dismiss are ruled on. (Kastilahn, A)

1
2
3
4
5
6
7

XAVIER BECERRA, State Bar No. 118517
Attorney General of California
CELINE M. COOPER, State Bar No. 167902
Supervising Deputy Attorney General
600 West Broadway, Suite 1800
San Diego, CA 92101
P.O. Box 85266
San Diego, CA 92186-5266
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant
Governor Edmund J. Brown

8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11
12

Plaintiff, JOINT STIPULATION TO
CONTINUE THE STATUS
(PRETRIAL SCHEDULING)
CONFERENCE; ORDER

13
14

v.

15
16
17

2:14-CV-1282--KJM-KJN

GRACIELA CONTRERAS,

Date:
Time:
Courtroom:
Defendants. Judge:

January 26, 2018
10:00 a.m.
3
The Honorable Kimberly
J. Mueller
Trial Date: None Set
Action Filed:
May 27, 2014

JOHN M. MCHUGH, ET AL.

18
19
20
21
22

The parties jointly request and stipulate that the Status (Pretrial Scheduling)
Conference currently set for January 26, 2018, be continued until after the Court
rules on the three pending Motions to Dismiss also set for January 26, 2018.

23
24
25
26
27

RELEVANT PROCEDURAL FACTS
Plaintiff Graciella Contreras filed her initial complaint pro se on May 27,
2014, a “supplemental” on June 23, 2014, and a First Amended Complaint on
August 17, 2015 [ECF Nos. 1, 3, 9]. Summonses were issued and served between
January 2017 and July 2017 [ECF Nos. 13-14, 17-32, 36-37, 39, 41-46, 52-53].

28
1
Joint Stipulation To Continue Status (Pretrial Scheduling) Conference; Order (2:14-CV-1282-KJM-KJN)

1

On June 23, 2017, the STATE DEFENDANTS1 filed a Motion to Dismiss

2

[ECF No. 47] Plaintiff’s First Amended Complaint. On June 26, 2017,

3

GOVERNOR BROWN separately filed a Motion to Dismiss [ECF Nos. 50, 51] and

4

both motions were set for hearing on September 6, 2017. On July 7, 2017, the

5

FEDERAL DEFENDANTS filed a motion to dismiss with a September 13, 2017,

6

hearing date [ECF No. 54] and on July 20, 2017, the Court continued GOVERNOR

7

BROWN’S and the STATE DEFENDANTS’ motion to September 13, 2017 [ECF

8

No. 57].

9

On August 11, 2017, because this matter was related to the prior Contreras

10

lawsuits, it was reassigned to Magistrate Judge Kendall J. Newman, who reset all

11

three motions to dismiss to September 28, 2017 [ECF Nos. 58, 60, 61]. On August

12

23, 2017, the STATE and FEDERAL DEFENDANTS’ motions were continued to

13

October 26, 2017, by stipulation and order because of the unavailability of counsel

14

on the new hearing date [ECF No. 63]. On the same date and on its own motion,

15

the Court continued GOVERNOR BROWN’S motion to October 26, 2017 [ECF

16

No. 64].

17

Plaintiff subsequently retained counsel and on October 2, 2017, Plaintiff’s

18

counsel appeared in the case for the first time [ECF No. 66] and on October 4,

19

2017, all hearing dates were vacated pending referral to District Judge Kimberly J.

20

Mueller [ECF No. 67]. On October 5, 2017, District Judge Mueller set a Status

21

(Pretrial Scheduling) Conference for January 4, 2018 (ECF No. 68]. On October

22

12, 2017, the Court granted the parties’ request to reset the three motions to dismiss

23

to January 26, 2018, to allow Plaintiff’s new counsel time to get up to speed on the

24

case [ECF No. 71]. On October 17, 2017, on the Court’s own motion, the Status

25

(Pretrial Scheduling) Conference set for January 4, 2018 was vacated and reset for

26
27
28

1

The STATE DEFENDANTS are the California Military Department, Kevin Ellsworth,
David Kauffman, and Anni Loeb, but do not include GOVERNOR BROWN.
2
Joint Stipulation To Continue Status (Pretrial Scheduling) Conference; Order (2:14-CV-1282-KJM-KJN)

1

January 28, 2018 [ECF No. 72]. On November 13, 2017, the Court admitted

2

Plaintiff’s second counsel, Rodney Williams, pro hac vice [ECF No. 74].
On December 4, 2017, Plaintiff filed separate oppositions to the motion to

3
4

dismiss of the STATE DEFENDANTS [ECF No. 83] and to the FEDERAL

5

DEFENDANTS [ECF No. 94], but did not file and serve an opposition to

6

GOVERNOR BROWN’S motion to dismiss. Each Defendant filed a reply [ECF

7

85, 87, 88]. The Motions to Dismiss are all set to be heard on January 26, 2018, the

8

same date as the Status (Pretrial Scheduling) Conference [ECF Nos. 71, 72].
REASONS FOR CONTINUANCE

9

For a variety of reasons, including unavailability of counsel, multiple judicial

10
11

reassignments, and Plaintiff’s retention of counsel, the hearing on Defendants’

12

respective Motions to Dismiss has been continued several times from September

13

13, 2017 to the current date of January 26, 2018, the same date as the Status

14

(Pretrial Scheduling) Conference. The parties met and conferred on January 8,

15

2018, pursuant to Rule 26, and agreed that it would be more efficient to conduct the

16

Rule 26 meeting of counsel and the subsequent Status (Pretrial Scheduling)

17

Conference after the Court rules on the pending Motions to Dismiss because if

18

granted, even in part, the motions have the potential to eliminate at some of the

19

thirty (30) named defendants and thirteen (13) causes of action from the lawsuit.

20
21

THE PARTIES REQUEST AND STIPULATE THAT:

22

1.

The Status (Pretrial Scheduling) Conference currently scheduled for

23

January 26, 2018, be continued to a date to be determined after the Court rules on

24

the three Motions to Dismiss currently set for January 26, 2018.

25

///

26

///

27

///

28

///
3
Joint Stipulation To Continue Status (Pretrial Scheduling) Conference; Order (2:14-CV-1282-KJM-KJN)

1

IT IS SO STIPULATED.

2
3

Dated: January 11, 2018

XAVIER BECERRA
Attorney General of California

4
5

/s/ Celine M. Cooper

6

CELINE M. COOPER
Supervising Deputy Attorney General
Attorneys for Defendant
Governor Edmund J. Brown

7
8
9

Dated: January 11, 2018

10

XAVIER BECERRA
Attorney General of California
DAVID J. NEILL
Supervising Deputy Attorney General

11
12

/s/ Matthew T. Besmer

13

MATTHEW T. BESMER
Deputy Attorney General
Attorneys for State Defendants (excluding
Brown)

14
15
16

Dated: January 11, 2018

PHILLIP A. TALBERT
United States Attorney

17
18

/s/ Cho Soo Kim

19

CHI SOO KIM
Assistant United Attorney
Attorneys for Federal Defendants

20
21
22
23

Dated: January 11, 2018

RODNEY WILLIAMS
ARNOLD D. SAMUEL

24
25
26

/s/ Rodney Williams
RODNEY WILLIAMS
Attorneys for Plaintiff

27
28
4
Joint Stipulation To Continue Status (Pretrial Scheduling) Conference; Order (2:14-CV-1282-KJM-KJN)

ORDER

1
2

With good cause appearing on the parties’ Stipulation to Continue the Status

3

(Pretrial Scheduling) Conference, it is hereby ORDERED that the Status (Pretrial

4

Scheduling) Conference presently scheduled for January 26, 2018 at 10:00, be

5

continued to a date to be determined after the three pending Motions to Dismiss are

6

ruled on.

7
8

IT IS SO ORDERED.
DATED: January 17, 2018.

9
10
UNITED STATES DISTRICT JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5

Joint Stipulation To Continue Status (Pretrial Scheduling) Conference; Order (2:14-CV-1282-KJM-KJN)