Aguirre et al v. State of California et al

Filing 19

JOINT STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 11/14/2016 ORDERING that the Hearing on Defendants' 16 Motion to Dismiss is CONTINUED to 12/1/2016 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morr ison C. England Jr. Additionally, all deadlines under FRCP 16 and 26 and the Initial Pretrial Scheduling Order are STAYED pending issuance of a final order on Defendants' motion to dismiss the Amended Complaint. If the case survives the motion to dismiss, new deadlines shall be set no sooner than 21 days following service of the Courts final order on Defendants' motion to dismiss. (Jackson, T)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
JON S. ALLIN, State Bar No. 155069
Supervising Deputy Attorney General
MAUREEN C. ONYEAGBAKO, State Bar No. 238419
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants Maydole, State
of California, California Department of
Corrections and Rehabilitation, and
California Correctional Center

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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JONATHAN VELARDE, by and through
his successor in interest, MARIA
AGUIRRE, MARIA AGUIRRE,

2:16-cv-01297-MCE-GGH

JOINT STIPULATION TO CONTINUE
HEARING ON MOTION TO DISMISS
Plaintiff, AMENDED COMPLAINT AND
REQUEST TO STAY LITIGATION
v.
DEADLINES PENDING FINAL ORDER
ON MOTION TO DISMISS;
ORDER THEREON
STATE OF CALIFORNIA; CALIFORNIA
DEPARTMENT OF CORRECTIONS AND
REHABILITATION; CALIFORNIA
CORRECTIONAL CENTER; WARDEN
ROBERT GOWER; DONALD
MAYDOLE; and DOES 1 through 10,
inclusive,
Judge:
Hon. Morrison C. England, Jr.
Trial Date:
N/A
Defendants. Action Filed: June 9, 2016

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Jt. Stip. to Cont. Hr’g on Mot. to Dismiss & Req. to Stay Deadlines until Final Order on Mot. to Dismiss;
Order Thereon (2:16-cv-01297-MCE-GGH)

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Plaintiff Maria Aguirre and Defendants State of California, California Department of
Corrections and Rehabilitation, California Correctional Center, and D. Maydole (collectively, the
“Stipulating Parties”), stipulate and request modification of the Initial Pretrial Scheduling Order
as follows:
1.

Pending before the Court is Defendants’ motion to dismiss the Amended

Complaint, which is noticed for hearing on November 17, 2016. (Defs.’ Mot. to Dismiss,
Oct. 13, 2016, ECF No. 16.) Plaintiff’s counsel, Virginia Narian, has requested to continue the
hearing date because Plaintiff’s November 3 deadline to respond to the motion conflicts with her
pre-existing November 2 deadline to file an opposition to a motion for summary judgment in
Arnita Haley v. American Medical Response, Case No. BC585596 (Los Angeles Cnty.). The
Stipulating Parties agree that the hearing date should be continued to the next available date of
December 1, 2016, in order to accommodate Ms. Narian’s schedule.
2.

The parties also agree to modify the briefing schedule for the motion to dismiss

because the reply brief deadline falls on a state holiday and defense counsel will be out of the
office and unavailable. Conflicts with the Thanksgiving holiday and defense counsel’s preexisting, pre-paid travel plans further constrain her availability between November 18 and
November 24. Thus, the parties agree that Plaintiff shall file her opposition, if any, by
November 9, and Defendants shall file their reply by November 18.
3.

Additionally, Plaintiff’s counsel has represented that a purported eyewitness to the

prison riot alleged in this case, former inmate Alexander Santos, will be moving out of the State
of California by November 21, 2016, and is not expected to return. Thus, Ms. Narian requests an
accommodation to take Mr. Santos’s deposition before November 21 and before finalizing a
scheduling order in this case. In exchange, Plaintiff stipulates to stay all deadlines under Federal
Rules of Civil Procedure 16 and 26, and under the Initial Pretrial Scheduling Order until after the
Court issues a final order on Defendants’ motion to dismiss the Amended Complaint.
Defendants’ agreement to participate in Santos’s deposition does not constitute a willingness to
begin any other discovery in this case. Additionally, this stipulation does not constitute a waiver

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Jt. Stip. to Cont. Hr’g on Mot. to Dismiss & Req. to Stay Deadlines until Final Order on Mot. to Dismiss;
Order Thereon (2:16-cv-01297-MCE-GGH)

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of objections to the Initial Pretrial Scheduling Order.
4.

The Stipulating Parties further agree that there is good cause to continue all

deadlines under Rules 16 and 26 and the Initial Pretrial Scheduling Order because the parties,
claims, and defenses in this case remain uncertain in light of Defendants’ motion to dismiss. This
uncertainty precludes the parties from effectively preparing disclosures and discussing the
discovery issues outlined in Rules 16 and 26. Additionally, Defendants’ motion asserts qualified
immunity, which should be resolved before imposing the expense and burden of discovery.
5.

Based on the foregoing, the Stipulating Parties request that the Court stay all

deadlines under Rules 16 and 26 and the Initial Pretrial Scheduling Order until after the Court
issues a final order on Defendants’ motion to dismiss. In the event that this case is not dismissed
in its entirety, the Stipulating Parties request that new deadlines be set no sooner than twenty-one
days following service of the final order on the motion to dismiss.
SO STIPULATED.

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Dated: October 28, 2016

Respectfully submitted,

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KAMALA D. HARRIS
Attorney General of California
JON S. ALLIN
Supervising Deputy Attorney General

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/s/ Maureen Onyeagbako

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MAUREEN C. ONYEAGBAKO
Deputy Attorney General
Attorneys for Defendants Maydole, State
of California, California Department of
Corrections and Rehabilitation, and
California Correctional Center

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Dated: October 28, 2016

Respectfully submitted,

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LARRY RABINEAU
VIRGINIA NARIAN
Law Offices of Larry Rabineau

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/s/ Virginia Narian
(as authorized on October 28, 2016)

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VIRGINIA NARIAN
Attorneys for Plaintiff Maria Aguirre

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Jt. Stip. to Cont. Hr’g on Mot. to Dismiss & Req. to Stay Deadlines until Final Order on Mot. to Dismiss;
Order Thereon (2:16-cv-01297-MCE-GGH)

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ORDER
In accordance with the parties’ foregoing stipulation, and good cause appearing, the hearing
on Defendants’ motion to dismiss the Amended Complaint shall be continued from November 17,
2016 to December 1, 2016 at 2:00 p.m.
Additionally, all deadlines under Federal Rules of Civil Procedure 16 and 26 and the Initial
Pretrial Scheduling Order are stayed pending issuance of a final order on Defendants’ motion to
dismiss the Amended Complaint. If the case survives the motion to dismiss, new deadlines shall
be set no sooner than twenty-one days following service of the Court’s final order on Defendants’
motion to dismiss.
IT IS SO ORDERED.
Dated: November 14, 2016

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Jt. Stip. to Cont. Hr’g on Mot. to Dismiss & Req. to Stay Deadlines until Final Order on Mot. to Dismiss;
Order Thereon (2:16-cv-01297-MCE-GGH)