M.B. v. State of California et al

Filing 39

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 8/13/2018 ORDERING that the deadline Defendants Manes and Munroe's responsive pleading is EXTENDED to twenty one days after either a ruling on the pending motion to dismiss or, if ordered, the filing of a fourth amended complaint. (Washington, S)

1
2
3
4
5
6
7
8

XAVIER BECERRA, State Bar No. 118517
Attorney General of California
JON S. ALLIN, State Bar No. 155069
Supervising Deputy Attorney General
MATTHEW ROSS WILSON, State Bar No. 236309
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
Manes, California Department of Corrections and
Rehabilitation, Baughman, and Munroe

9

IN THE UNITED STATES DISTRICT COURT

10

FOR THE EASTERN DISTRICT OF CALIFORNIA

11

SACRAMENTO DIVISION

12
13
14
15

M.B. III, a minor, by and through his
Guardian Ad Litem, TITICE BEVERLY,
individually and as Successor in Interest
and Personal Representative of the Estate of
MILTON BEVERLY, JR., et al.,

2:17-cv-02395 WBS DB

16
Plaintiffs, STIPULATION FOR EXTENSION OF
TIME FOR DEFENDANTS MANES AND
MUNROE TO FILE A RESPONSIVE
PLEADING; [PROPOSED] ORDER

17
v.
18
19

STATE OF CALIFORNIA, et al.,

20

Defendants.

21
22

Defendants Manes and Munroe were recently served with this lawsuit and their deadline to

23

file a responsive pleading to the third amended complaint is August 13, 2018. The parties,

24

through their counsel of record, agree to and request an extension of time for Manes and Munroe

25

to file their responsive pleading. They request that this responsive pleading be due twenty-one

26

days following either the Court’s ruling on the pending motion to dismiss or, if ordered, the filing

27

of a fourth amended complaint.

28
1
Stipulation for EOT for Manes & Munroe to File Responsive Pleading; [Proposed] Order (2:17-cv-02395 WBS DB)

1

The instant stipulation is necessitated by the fact that a motion to dismiss has already been

2

filed by Defendants Baughman and the California Department of Corrections and Rehabilitation.

3

(ECF No. 33.) That motion is currently pending before the Court and is set for hearing on August

4

20, 2018. A ruling on the motion to dismiss could significantly effect what causes of action

5

Manes and Munroe must respond to in their responsive pleading. A ruling could also result in an

6

order to file a fourth amended complaint. Furthermore, there are additional defendants that

7

Plaintiff is currently attempting to serve. Granting the stipulated extension of time would reduce

8

the likelihood of duplicative motions to dismiss and increases the chances that all defendants

9

could simply be included in one responsive pleading.

10

Based on the foregoing, the parties stipulate as follows: a responsive pleading for Manes

11

and Munroe is due twenty-one days following either the Court’s ruling on the pending motion to

12

dismiss or, if ordered, the filing of a fourth amended complaint.

13
14

Dated: August 13, 2018

Respectfully submitted,

16

XAVIER BECERRA
Attorney General of California
JON S. ALLIN
Supervising Deputy Attorney General

17

/s/Matthew Ross Wilson

18

MATTHEW ROSS WILSON
Deputy Attorney General
Attorneys for Defendants
Manes, California Department of
Corrections and Rehabilitation, Baughman,
and Munroe

15

19
20
21
22

Dated: August 13, 2018

GLICKMAN & GLICKMAN
A LAW CORPORATION

23

/s/Nicole E. Hoikka (as auth. on 8/12/18)

24

STEVEN C. GLICKMAN
NICOLE E. HOIKKA
Attorneys for Plaintiffs

25
26
27
28
2

Stipulation for EOT for Manes & Munroe to File Responsive Pleading; [Proposed] Order (2:17-cv-02395 WBS DB)

1

ORDER

2

Good cause appearing, the parties’ stipulation for an extension of time for Defendants

3

Manes and Munroe to file a responsive pleading is GRANTED. Defendants Manes and Munroe’s

4

responsive pleading is due twenty-one days after either a ruling on the pending motion to dismiss

5

or, if ordered, the filing of a fourth amended complaint.

6

IT IS SO ORDERED.

7
8

Dated: August 13, 2018

9
10
11

SA2017306798
33508649.docx

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Stipulation for EOT for Manes & Munroe to File Responsive Pleading; [Proposed] Order (2:17-cv-02395 WBS DB)