Bator et al v. Siskiyou County et al

Filing 7

STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 11/30/2016 ORDERING that the current 11/30/2016 deadline for Defendants Siskiyou County, Siskiyou County Health and Human Services, Judy Carter, individually and in her capacity as a Siskiyou County Health and Human Services employee, Suzanne Hogue, individually and in her capacity as a Siskiyou County Health and Human Services employee, Suzanne Hogue, individually, Alix Byrd, individually, and John Lawrence, individually to file their responsive pleadings is CONTINUED; The above-referenced Defendants are ordered to file their responsive pleadings to the instant action and the removed state court action on or before 1/28/2017. (Jackson, T)

1
2
3
4
5
6
7
8

SPINELLI, DONALD & NOTT
A Professional Corporation
Domenic D. Spinelli, SBN: 131192
815 S Street, Second Floor
Sacramento, CA 95811
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants Siskiyou County,
Siskiyou County Health and Human Services,
Judy Carter, individually and in her capacity as a
Siskiyou County Health and Human Services employee,
Suzanne Hogue, individually and in her capacity as a
Siskiyou County Health and Human Services employee,
Alix Byrd, individually

9
IN THE UNITED STATES DISTRICT COURT

10

IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA

11
12

ANTHONY J. BATOR, IRENE BATOR and
ELLEN BATOR

Case No.: 2:16-cv-02073-GEB-CMK

13

JOINT STIPULATION AND ORDER TO
EXTEND TIME TO RESPOND TO
PLAINTIFFS’ COMPLAINT

Plaintiffs,
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SPINELLI, DONALD &
NOTT

vs.
SISKIYOU COUNTY, SISKIYOU COUNTY
HEALTH AND HUMAN SERVICES, JUDY
CARTER, employee of Siskiyou County
Health and Human Services, JUDY
CARTER, individually, SUZANNE HOGUE,
employee of Siskiyou County Health and
Human Services, SUZANNE HOGUE,
individually, VIRGINIA RHEA, Probate
Court Investigator, VIRGINIA RHEA,
individually, JOANN BICEGO, individually,
LAURA MASANAGA, individually,
CHRISTINE WINTE, individually,
COURTNEY WINTE, individually, ALIX
BYRD, Analyst Siskiyou County Health and
Human Services, ALIX BYRD, individually,
JOHN LAWRENCE, individually, and DOES
1-30

Complaint Filed: August 30, 2016

Defendants,
__________________________

_____/

Plaintiffs and Defendants Siskiyou County, Siskiyou County Health and Human Services,
Judy Carter, individually and in her capacity as a Siskiyou County Health and Human Services
employee, Suzanne Hogue, individually and in her capacity as a Siskiyou County Health and
JOINT STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO PLAINTIFFS’ COMPLAINT
1

1

Human Services employee, Alix Byrd, individually, and John Lawrence, individually (hereinafter

2

collectively as “Defendants”) HEREBY STIPULATE AND AGREE that said Defendants may

3

have approximately a 60-day extension of time (until January 28, 2017) to file responsive pleadings

4

to Plaintiffs’ Complaint. Doing so will provide Defendants sufficient time to obtain information

5

necessary to file responsive pleadings to Plaintiffs’ lengthy Complaint (575 pages). Further,

6

Plaintiffs have filed a substantially similar State Court action; the extension will provide sufficient

7

time to analyze and confirm whether it is procedurally appropriate to remove the state court action

8

to federal court, or remand the federal court action to state court. Defendants intend to pursue the

9

appropriate procedural vehicle and will do so within the appropriate statutory timeframe.

10

Defendants Judy Carter, individually and in her capacity as a Siskiyou County Health and

11

Human Services employee and Alix Byrd have not yet been served in this action. These Defendants

12

are making a special appearance so that, upon service of the summons and complaint, they will be

13

included in the extension of time to January 28, 2017 to respond to the pleading without having to

14

execute and file a separate, additional Stipulation and Proposed Order.

15

This is the first stipulation for an extension of time between the parties.

16
17
18

Dated: November 21, 2016
By: __/S/ Ellen Bator __________________
Plaintiff Ellen Bator (signed original
maintained by attorney Domenic
Spinelli)

19
20
21
22

Dated: November 21, 2016

23
By: __/S/ Irene Bator___________________
Plaintiff Irene Bator (signed original
maintained by attorney Domenic
Spinelli)

24
25
26
27
28
SPINELLI, DONALD &
NOTT

JOINT STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO PLAINTIFFS’ COMPLAINT
2

1

Dated: November 21, 2016

2
By: __/S/ Anthony J. Bator________________
Plaintiff Anthony J. Bator (signed
original maintained by attorney
Domenic Spinelli)

3
4
5
6
7

Dated: November 21, 2016

SPINELLI, DONALD & NOTT

8
9

By: /S/ Domenic D. Spinelli
DOMENIC D. SPINELLI
Attorneys for Defendants Siskiyou
County, Siskiyou County Health and
Human Services, Judy Carter,
individually and in her capacity as a
Siskiyou County Health and Human
Services employee, Suzanne Hogue,
individually and in her capacity as a
Siskiyou County Health and Human
Services employee, Suzanne Hogue,
individually, Alix Byrd, individually

10
11
12
13
14
15
16
17

Dated: November 21, 2016

18
By: ___/S/ John Lawrence________________
Defendant John Lawrence (signed
original maintained by attorney
Domenic Spinelli)

19
20
21
22
23
24
25
26
27
28
SPINELLI, DONALD &
NOTT

JOINT STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO PLAINTIFFS’ COMPLAINT
3

1
ORDER
2
Pursuant to the parties’ stipulation and good cause showing:
3
1.

The current November 30, 2016 deadline for Defendants Siskiyou County, Siskiyou

4
County Health and Human Services, Judy Carter, individually and in her capacity as a Siskiyou
5
6
7
8
9
10
11

County Health and Human Services employee, Suzanne Hogue, individually and in her capacity as
a Siskiyou County Health and Human Services employee, Suzanne Hogue, individually, Alix Byrd,
individually, and John Lawrence, individually to file their responsive pleadings is continued.
2.

The above-referenced Defendants are ordered to file their responsive pleadings to the

instant action and the removed state court action on or before January 28, 2017.
Dated: November 30, 2016

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SPINELLI, DONALD &
NOTT

JOINT STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO PLAINTIFFS’ COMPLAINT
4