Mkrtchyan v. Sacramento County et al

Filing 10

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 2/12/2018 ORDERING that defendant County of Sacramento may have a further extension of time up to and including 2/16/2018 to file a responsive pleading. The parties may have a 30-day extension of time to and including 4/16/2018, within which to file a Joint Status Report. (Zignago, K.)

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CREGGER & CHALFANT LLP
ROBERT L. CHALFANT, SBN 203051
Email: [e-mail]
701 University Avenue, Suite 110
Sacramento, CA 95825
Phone: [phone]
Fax: [phone]
Attorneys for Defendant COUNTY OF
SACRAMENTO
Patrick H. Dwyer, SBN 137743
P.O. Box 1705
Penn Valley, CA 95946
Grass Valley, CA 95949
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for Plaintiff ARAM MKRTCHYAN

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARAM MKRTCHYAN, an individual,

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Plaintiff,

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vs.
SACRAMENTO COUNTY,
CALIFORNIA, a county government and
the operator of the Sacramento County
Sheriff’s Department and its Correctional
Health Services Division; and the
following persons as individual and in their
capacity as officials, employees or
contractors of Sacramento County: R.
SCOTT JONES; GRANT NUGENT;
DEPUTY DOMINGUEZ; DEPUTY
YANG; DEPUTY GROUT; DEPUTY
MEIER; and DOES 1-40, inclusive,

Case No.: 2:17-CV-2366-TLN-KJN
STIPULATION TO FURTHER EXTEND
TIME TO COUNTY OF SACRAMENTO
DEFENDANTS TO FILE A RESPONSIVE
PLEADING TO FIRST AMENDED
COMPLAINT; EXTEND TIME TO FILE
JOINT STATUS REPORT AND ORDER
THEREON

Defendants.

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WHEREAS, on December 5, 2017, Plaintiff filed a First Amended Civil Complaint for

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Damages in the United Stated District Court for the Eastern District of California, Sacramento,

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Case, No.: 2:17-CV-2366-TLN-KJN;

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///

CREGGER & CHALFANT LLP
701 University Ave., #110
Sacramento, CA 95825
[phone]

STIPULATION AND ORDER TO FURTHER EXTEND
TIME FOR COUNTY DEFENDANTS TO FILE
RESPONSIVE PLEADING
Case No. 2:17-CV-2366-TLN-KJN

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WHEREAS, on December 11, 2017, Plaintiff served the First Amended Civil Complaint
on the County of Sacramento;
WHEREAS, on December 28, 2017, the County of Sacramento retained Robert Chalfant
as lead defense counsel in this matter;
WHEREAS, Defendant County of Sacramento’s response to the Complaint was due to be
filed by January 2, 2018
WHEREAS, there is currently a dispute as to whether Plaintiff properly served
Defendants in this matter;
WHEREAS, in order to resolve the dispute regarding service, Counsel for the County of
Sacramento has agreed to seek authorization to waive service from each of the named defendants;
WHEREAS, on January 5, 2018, this Court ordered that Defendant County of Sacramento
may have an extension of time up to and including February 2, 2018, within which to file a
responsive pleading to plaintiff’s First Amended Complaint;
WHEREAS, counsel for Defendant County of Sacramento has received permission to
waive service from five of the six individual defendants, and has been unable to reach the sixth
individual defendant as he is presently on vacation out of the country;
WHEREAS, resolving the service issues would allow one responsive pleading to be filed,
instead of several being filed at different times;
WHEREAS, counsel for Defendant County of Sacramento and Plaintiff have met and
conferred in an attempt to resolve these issues prior to Defendant filing a motion to quash or
dismiss;
WHEREAS, in an attempt to avoid motions practice, counsel have agreed that the County
of Sacramento may have an further extension of time up to and including February 16, 2018,
within which to file its Responsive pleading, in any manner permitted under the Federal Rules of
Civil Procedure;
FURTHER, WHEREAS, pursuant to this Court’s Order Re Joint Status Report (Doc #3) a
joint status report is due 30 days after service, or February 9, 2018;

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CREGGER & CHALFANT LLP
701 University Ave., #110
Sacramento, CA 95825
[phone]

STIPULATION AND ORDER TO FURTHER EXTEND
TIME FOR COUNTY DEFENDANTS TO FILE
RESPONSIVE PLEADING
Case No. 2:17-CV-2366-TLN-KJN

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WHEREAS, all the parties will not have appeared by February 9, 2018, and the pleadings
will still be unsettled;
WHEREAS, the parties have agreed that a joint status report filed prematurely will not
reflect the status of the case, and the deadline should be extended to 30 days after the filing of
defendants’ response to the First Amended Complaint, or April 16, 2018;
FURTHER, WHEREAS, counsel for Defendant County of Sacramento has suffered the
death of his father this week and is currently unavailable to work on responsive pleading or
service issues;
NOW THEREFORE, the parties by way of their attorneys stipulate as follows:
1.

Defendant County of Sacramento may have a further extension of time up to and

including February 16, 2018, within which to file its Responsive pleading to the First Amended
Complaint in any manner permitted under the Federal Rules of Civil Procedure.
2.

The parties may have a 30-day extension of time to and including April 16, 2018,

within which to file a Joint Status Report.
IT IS SO STIPULATED.
DATE: February 1, 2018

CREGGER & CHALFANT LLP

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/s/ Robert L. Chalfant
ROBERT L. CHALFANT
Attorneys for Defendant COUNTY OF
SACRAMENTO

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DATE: February 1, 2018

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/s/ Patrick H. Dwyer
PATRICK H. DWYER
Attorney for Plaintiff ARAM MKRTCHYAN

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ORDER
After considering the Stipulation by and between the parties through their counsel of

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CREGGER & CHALFANT LLP
701 University Ave., #110
Sacramento, CA 95825
[phone]

STIPULATION AND ORDER TO FURTHER EXTEND
TIME FOR COUNTY DEFENDANTS TO FILE
RESPONSIVE PLEADING
Case No. 2:17-CV-2366-TLN-KJN

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record, IT IS HEREBY ORDERED THAT:
1.

Defendant, County of Sacramento, may have a further extension of time up to and

including February 16, 2018, within which to file a Responsive pleading to Plaintiff’s First
Amended Complaint; in any manner permitted under the Federal Rules of Civil Procedure;
2.

The parties may have a 30-day extension of time to and including April 16, 2018,

within which to file a Joint Status Report.
IT IS SO ORDERED.

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Dated: 2/12/2018
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Troy L. Nunley
United States District Judge

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CREGGER & CHALFANT LLP
701 University Ave., #110
Sacramento, CA 95825
[phone]

STIPULATION AND ORDER TO FURTHER EXTEND
TIME FOR COUNTY DEFENDANTS TO FILE
RESPONSIVE PLEADING
Case No. 2:17-CV-2366-TLN-KJN

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