Somera v. County of San Joaquin et al

Filing 12

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr., on 8/26/14 ORDERING that the hearing on the Motions to Dismiss 5 , 6 is CONTINUED to 11/17/2014 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. The Status Conference is CONTINUED to 12/15/2014 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. Plaintiff may file an amended complaint on or before 9/29/2014, at which point the 11/17/2014, hearing date will be vacated. Defendants w ill respond to the amended complaint within 21 days of filing and service. In the event that Plaintiff does not file an amended complaint, Plaintiff's opposition to the pending motions to dismiss must be filed and served at least 14 days prior t o the 11/17/2014, hearing, and any reply by defendants must be filed and served at least seven days prior to the hearing. The parties will file a Joint Status Report with the Court at least 14 days prior to the rescheduled Status Conference. (Kastilahn, A)

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OFFICE OF THE COUNTY COUNSEL
County of San Joaquin
JASON R. MORRISH, CSB #192686
Deputy County Counsel
ZAYANTE (ZOEY) P. MERRILL, CSB # 268331
Deputy County Counsel
44 North San Joaquin Street, Suite 679
Stockton, California 95202
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants,
COUNTY OF SAN JOAQUIN, DEPUTY MICHAEL
ARREOLA, DEPUTY STIEHR, DEPUTY CHRIS
TUNQUIST, SHERIFF’S SERGEANT STONE,
SHERIFF’S SERGEANT PURKIS, and
JANET LEE BARTON, R.N.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHESTER MARK SOMERA,

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Plaintiff,

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NO. 2:14-cv-01424-GEB-AC
STIPULATION AND JOINT REQUEST TO
CONTINUE HEARING ON MOTIONS TO
DISMISS AND STATUS CONFERENCE;
[PROPOSED] ORDER RE: SAME

vs.

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COUNTY OF SAN JOAQUIN; THE SAN
JOAQUIN COUNTY SHERIFF’S
DEPARTMENT; THE CALIFORNIA
HIGHWAY PATROL; THE SAN JOAQUIN
COUNTY GENERAL HOSPITAL; DEPUTY
MICHAEL ARREOLA; DEPUTY STIEHR;
DEPUTY CHRIS TUNQUIST; SHERIFF’S
SERGEANT STONE; SHERIFF’S SERGEANT
PURKIS; THE STATE OF CALIFORNIA ; CHP
OFFICER BRENT MANGHAM; CHP OFFICER
MARK BUTLER; JANET LEE BARTON, RN;
and DOES 1 through 100 inclusive,

Judge: Hon. Garland E. Burrell, Jr.

Defendants.

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STIPULATION AND JOINT REQUEST TO CONTINUE HEARING, etc.

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WHEREAS, all defendants in the above-entitled action have filed a motion to dismiss under

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Fed. R. Civ. Proc. 12(b)(6), and those two motions are each scheduled for hearing on September 8,

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2014; and

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WHEREAS, the matter is currently scheduled for a Status Conference on September 15,
2014; and

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WHEREAS, during the parties’ “meet and confer” process for the Status Conference

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required by Fed. R. Civ. Proc. 26 and this Court’s June 13, 2014, Order, counsel for Plaintiff

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indicated a willingness to file an amended complaint that addresses in full or part the issues raised in

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defendants’ motions to dismiss; and

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WHEREAS, the parties agree to a continuance of the scheduled hearings in order to allow for
Plaintiff to file an amended complaint and for the defendants to file an appropriate response.
NOW, THEREFORE, IT IS HEREBY STIPULATED by the parties to the above-entitled

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action, by and through their respective counsel of record, that the current hearings be continued as

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follows (or to such other dates as the Court selects):

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1. Motions to Dismiss

November 17, 2014

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2. Status Conference

December 15, 2014

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IT IS FURTHER STIPULATED that Plaintiff may file an amended complaint on or before

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September 29, 2014, at which point the November 17, 2014, hearing date will be vacated.

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Defendants will respond to the amended complaint within twenty-one (21) days of filing and service.

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In the event that Plaintiff does not file an amended complaint, Plaintiff’s opposition to the pending

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motions to dismiss must be filed and served at least fourteen (14) days prior to the November 17,

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2014, hearing, and any reply by defendants must be filed and served at least seven (7) days prior to

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the hearing.

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IT IS FURTHER STIPULATED that the parties will file a Joint Status Report with the Court

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at least fourteen (14) days prior to the rescheduled Status Conference.

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Dated: August 25, 2014

OFFICE OF THE COUNTY COUNSEL

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By:__/s/ Zayante (Zoey) P. Merrill________________
ZAYANTE (ZOEY) P. MERRILL
Deputy County Counsel
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STIPULATION AND JOINT REQUEST TO CONTINUE HEARING, etc.

Attorneys for Defendants,
COUNTY OF SAN JOAQUIN, DEPUTY
MICHAEL ARREOLA, DEPUTY STIEHR,
DEPUTY CHRIS TUNQUIST, SHERIFF’S
SERGEANT STONE, SHERIFF’S SERGEANT
PURKIS, and JANET LEE BARTON, R.N.

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Dated: August 25, 2014

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By:__/s/ Andreas O. Garza________________
ANDREAS O. GARZA
Deputy Attorney General

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Attorneys for Defendants,
STATE OF CALIFORNIA, by and through the
California Highway Patrol, BRENT MANGHAM
and MARK BUTLER

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KAMALA D. HARRIS
Attorney General of California
ALBERTO L. GONZALEZ
Supervising Deputy Attorney General

Dated: August 25, 2014

LAW OFFICES OF JOHN R. SOLDATI

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By:__/s/ John R. Soldati____________________
JOHN R. SOLDATI

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Attorney for Plaintiff,
CHESTER MARK SOMERA

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IT IS SO ORDERED.
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Dated: August 26, 2014

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.

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STIPULATION AND JOINT REQUEST TO CONTINUE HEARING, etc.