Santana et al v. County of Yuba et al

Filing 93

STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 3/8/2018 ORDERING that the deadline for filing dispositive motions is MOVED from April 20, 2018 to June 29, 2018; Plaintiffs are DIRECTED to file their Third Amended Complaint; The prior answers filed by Defendants are deemed the responsive pleadings filed in response to the Third Amended Complaint. (Attachments: # 1 Exhibit A) (Becknal, R)

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JAIME A. LEANOS (#159471)
LAW OFFICE OF MORALES & LEANOS
75 East Santa Clara Street, Suite 250
San Jose, California 95113
Telephone: ( 408) 294-6800
Facsimile: ( 408) 294-7102
Email: [e-mail]
Attorney for Plaintiffs
Jesse I. Santana and David Vasquez

JASON J. SOMMER (State Bar No. 178316)
HANSEN, KOHLS, SOMMER &JACOB, LLP
1520 EUREKA ROAD, SUITE 100
ROSEVILLE, CALIFORNIA 95661
TELEPHONE: [phone]
EMAIL: [e-mail]
Attorneys for Defendant TIMOTHY J. EVANS

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A PROFESSIONAL CORPORATION
Carl L. Fessenden, SBN 161494
Lauren E. Calnero, SBN 284655
350 University Avenue, Suite 200
Sacramento, California 95825
TEL: [phone]
FAX: [phone]
Attorneys for Defendants, THE COUNTY OF
YUBA, YUBA COUNTY DISTRICT ATTORNEY
PATRICK MCGRATH, YUBA COUNTY DEPUTY
DISTRICT ATTORNEY MELANIE BENDORF,
FORMER YUBA COUNTY DEPUTY DISTRICT
ATTORNEY JOHN VACEK, YUBA COUNTY
DISTRICT ATTORNEY INVESTIGATOR MARY
BARR AND YUBA COUNTY DISTRICT
ATTORNEY INVESTIGATOR GENE STOBER
[Exempt from Filing Fees Pursuant to
Government Code § 6103]

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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JESSE I.
VASQUEZ,

SANTANA

AND

CASE NO. 2:15-cv-00794-KJM-EFB

DAVID

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STIPULATION
TO
MODIFY
SCHEDULING ORDER AND FOR LEAVE
FOR PLAINTIFFS TO FILE THIRD
AMENDED COMPLAINT; [PROPOSED]
ORDER

Plaintiff,
v.

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THE COUNTY OF YUBA, YUBA COUNTY
DISTRICT
ATTORNEY
PATRICK
MCGRATH, YUBA COUNTY DEPUTY
DISTRICT
ATTORNEY
MELANIE
BENDORF, FORMER YUBA COUNTY
DEPUTY DISTRICT ATTORNEY JOHN
VACEK,
YUBA
COUNTY
DISTRICT
ATTORNEY INVESTIGATOR MARY BARR,
YUBA COUNTY DISTRICT ATTORNEY

Complaint Filed: 04/13/2015
1st Amended Complaint filed: 04/22/2015
2nd Amended Complaint filed: 09/09/2016

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INVESTIGATOR GENE STOBER, THE CITY
OF MARYSVILLE, MARYSVILLE POLICE
DEPARTMENT, MARYSVILLE POLICE
OFFICER RANDALL ELLIOT, YUBA
COUNTY SUPERIOR COURT JUDGE JULIA
SCROGIN, TIMOTHY J. EVANS, AND DOES
1 THROUGH 20, inclusive;

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Defendants.
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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs JESSE I.
SANTANA and DAVID VASQUEZ, and Defendants THE COUNTY OF YUBA, YUBA COUNTY
DISTRICT ATTORNEY PATRICK MCGRATH, YUBA COUNTY DEPUTY DISTRICT
ATTORNEY

MELANIE

BENDORF,

FORMER

YUBA

COUNTY

DEPUTY

DISTRICT

ATTORNEY JOHN VACEK, YUBA COUNTY DISTRICT ATTORNEY INVESTIGATOR MARY
BARR, YUBA COUNTY DISTRICT ATTORNEY INVESTIGATOR GENE STOBER, and
Defendant TIM EVANS (collectively, the “Parties”), by and through their undersigned Counsel,
pursuant to Local Rules 143 and 144 as follows:
1.

On January 9, 2018, following the Mid-Litigation Status Conference, the Court issued

an order vacating all dates. At that time, the Court ordered the parties to participate in the Court’s
VDRP process, and further ordered no summary judgment motions be filed until that process was
completed. The Court issued an Order extending the dispositive motion deadline from March 9, 2018
to April 20, 2018 in order to allow for the VDRP process to be completed. See Doc. No. 86.
2.

On January 17, 2018, the District Court appointed James R. James R. Kirby II, of

Nageley Kirby & Winberry LLP, as the VDRP Neutral Attorney. See Doc. No. 87. On January 30,
2018, a Notice of Withdrawal was filed terminating James Kirby as the VDRP Neutral due to a conflict
of interest. Doc. No. 88. On February 16, 2018, the Court appointed Van Longyear, of Longyear O’Dea
& Lavra, as the VDRP Neutral Attorney. Doc. No. 90. At this time, Mr. Longyear has not contacted the
parties about setting up a VDRP conference.
2.

The Parties respectfully request the District Court modify the deadline for dispositive

motions to be filed, moving the deadline for such motions to be filed to June 29, 2018, in order to give
the parties time to complete the VDRP process. No other deadlines would be changed.

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3.

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motion deadline to allow the parties to complete the VDRP process that is currently underway with the
recently appointed VRDP mediator, Van Longyear. Based on counsel’s trial calendar in the coming
months, the Parties require additional time to complete that process and meaningfully evaluate the
potential for the case to resolve in advance of filing dispositive motions. The Parties will be
coordinating to set the VDRP session with Mr. Longyear’s office. As of the date of filing of this
motion, a VDRP date has not yet been confirmed.
4.

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The reason for this request is three-fold. First, the Parties seek to move the dispositive

In addition, counsel for Plaintiffs and Defendants continue to meet and confer regarding

the Yuba County Defendants’ proposed grounds for a motion for summary judgment. As part of that
continued meet and confer effort, Plaintiffs have requested that Defendants stipulate to the filing of a
Third Amended Complaint to augment the factual allegations in support of their “stigma-plus” claim
for relief against the Yuba County Defendants. A true and correct copy of the proposed Third Amended

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Complaint is attached hereto as Exhibit A. A true and correct copy of a “red-lined” version of the
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Third Amended Complaint, which details the exact allegations that Plaintiffs would like to add and the
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dismissal of the third claim is attached hereto as Exhibit B. For convenience of the court, the proposed
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amended language appears on page 19 at paragraph 69, line 11 (“…, in connection with said
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unconstitutional investigation and prosecution”; and at paragraph 70, line 21 (and caused significant
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damage to their law practices.).
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5.

It is further stipulated by the Parties that there is no need for additional responsive

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pleadings to be filed by the Defendants and the response(s) to paragraph 69 and 70 of the Third
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Amended Complaint as set forth in the respective answer of the party defendants shall apply to the
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additional allegations set forth above.
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6.

Continuance of the deadline for filing dispositive motions will serve the interests of

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justice and judicial resources as it will allow the parties to complete the VDRP process as well as fully
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complete their meet and confer efforts on all proposed dispositive motions, and allow Plaintiffs to file
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their proposed Third Amended Complaint.
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7.

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Counsel has conferred about the timing issues that may affect the remainder of the case

and have jointly agreed upon the above and now seek court approval.
Dated: March 8, 2018

LAW OFFICE OF MORALES & LEANOS

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By:

/s/ Jaime A. Leanos
JAIME A. LEANOS

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Attorneys for Plaintiffs

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Dated: March 8, 2018
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PORTER SCOTT
A PROFESSIONAL CORPORATION

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By:

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/s/ Lauren E. Calnero
Carl L. Fessenden
Lauren E. Calnero
Attorneys for Defendants THE COUNTY OF
YUBA,
YUBA
COUNTY
DISTRICT
ATTORNEY PATRICK MCGRATH, YUBA
COUNTY DEPUTY DISTRICT ATTORNEY
MELANIE BENDORF, FORMER YUBA
COUNTY DEPUTY DISTRICT ATTORNEY
JOHN VACEK, YUBA COUNTY DISTRICT
ATTORNEY INVESTIGATOR MARY BARR,
YUBA COUNTY DISTRICT ATTORNEY
INVESTIGATOR GENE STOBER

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Dated: March 8, 2018

HANSEN, KOHLS, SOMMER &JACOB, LLP

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By:

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/s/ Jason Sommer
Jason Sommer
Attorney for Defendant Timothy Evans

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ORDER

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Having reviewed the above stipulation and good cause appearing therefore, IT IS HEREBY
ORDERED that the Scheduling Conference Order be modified as follows:

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1.

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29, 2018.

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2.

The deadline for filing dispositive motions will be moved from April 20, 2018 to June

Plaintiffs may file their proposed Third Amended Complaint, attached hereto as

Exhibit A.

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3.

The prior answers filed by Defendants will be deemed the responsive pleadings filed in

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response to the Third Amended Complaint.
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IT IS SO ORDERED.
DATED: March 8, 2018.

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UNITED STATES DISTRICT JUDGE

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