Steinhart v. County of Sonoma et al

Filing 41

STIPULATION AND ORDER TO PERMIT FILING OF A THIRD AMENDED COMPLAINT; EXTEND TIME TO RESPOND TO COMPLAINT AND FILE ANTI-SLAPP MOTION; AND CONTINUE CASE MANAGEMENT CONFERENCE. Case Management Conference set for 7/14/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 4/4/11. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 4/4/2011) Modified on 4/4/2011 (cl, COURT STAFF).

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Steinhart v. County of Sonoma et al Doc. 41 *E-Filed 4/4/11* 1 BRUCE D. GOLDSTEIN, State Bar No. 135970 County Counsel 2 ANNE L. KECK, State Bar No. 136315 Deputy County Counsel 3 County of Sonoma 575 Administration Drive, Room 105A 4 Santa Rosa, California 95403-2815 Telephone: (707) 565-2421 5 Facsimile: (707) 565-2624 E-mail: akeck@sonoma-county.org 6 7 Attorneys for Defendants the County of Sonoma, Former Sheriff-Coroner William 8 Cogbill, and County employees Michael Shanahan, Caroline Japp, Jo Weber, 9 Nicholas Honey, Jerry Allen, Betty Johnson, and Robin Smith 10 11 12 13 14 SALLY STEINHART, 15 16 v. Plaintiff, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION No. CV-10-00841 RS STIPULATION FOR ORDERS: (1)TO PERMIT FILING OF A THIRD AMENDED COMPLAINT; (2) EXTEND TIME TO RESPOND TO COMPLAINT AND FILE ANTI-SLAPP MOTION; AND (3) CONTINUE CASE MANAGEMENT CONFERENCE SET FOR MAY 5, 2011; [PROPOSED] ORDER 17 COUNTY OF SONOMA, et al., 18 19 20 Defendants. / This joint stipulation is entered into by and between Plaintiff in pro per, Sally Steinhart 21 ("Plaintiff"), and Defendants the County of Sonoma, former Sheriff-Coroner William Cogbill, and 22 County employees Michael Shanahan, Caroline Jaap, Jo Weber, Nicholas Honey, Jerry Allen, Betty 23 Johnson and Robin Smith (collectively, "County Defendants"). Through this stipulation, these 24 parties make three separate requests: (1) for entry of an order permitting the filing of a third 25 amended complaint on or before April 29, 2011; (2) for entry of an order extending the time for 26 County Defendants to respond to the complaint, and to file an Anti-SLAPP Motion under California 27 Code of Civil Procedure Section 425.16, to May 31, 2011; and (3) for entry of an order continuing 28 the Case Management Conference currently set for May 5, 2011, to July 14, 2011, or such other date Stipulation to Permit Filing of a Third Amended Complaint, et al.; [Proposed] Order 1 USDC Case No. CV-10-00841 RS Dockets.Justia.com 1 as is convenient for the Court. Defendant the State Department of Social Services and other named 2 defendants have not appeared in this action, and are not parties to this stipulation. 3 4 A. RECITALS Plaintiff initiated this action on February 26, 2010, and filed her First Amended 5 Complaint on June 21, 2010 (Dkt. No. 8). County Defendants responded by filing their Motion to 6 Dismiss the First Amended Complaint and Motion for More Definite Statement on July 26, 2010 7 (Dkt. No. 12) (hereinafter, the "Motions"). 8 B. The Court resolved the County Defendants' Motions on February 7, 2011, through its 9 "Order Granting in Part and Denying in Part Motion to Dismiss and Denying Motion for a More 10 Definite Statement" (Dkt. No. 34) (hereinafter, the " 2/7/11 Order"). Thereafter, Plaintiff timely 11 filed her Second Amended Complaint (the "SAC") on March 9, 2011 (Dkt. No. 38). 12 C. In the 2/7/11 Order, the Court granted County Defendants' request for dismissal with 13 leave to amend on several claims, providing direction to Plaintiff as to the nature of the allegations 14 required to state a claim for relief. Counsel for County Defendants has discussed with Plaintiff her 15 belief that the SAC does not satisfy the provisions of the 2/7/11 Order in several respects, and 16 Plaintiff has agreed to consider the issues counsel raises. In addition, counsel for County 17 Defendants is providing informal discovery to Plaintiff to address certain issues raised in the SAC, 18 which Plaintiff has agreed to consider in connection with further amending the SAC. 19 D. The parties request that Plaintiff be provided with the opportunity to further amend 20 her complaint to conform to the Court's 2/7/11 Order, as well as address factual issues verified in 21 documents currently being provided to Plaintiff. To ensure Plaintiff has sufficient time to consider 22 such issues and draft such a pleading, the parties request that Plaintiff be provided through April 29, 23 2011, in which to file a third amended complaint. 24 E. Pursuant to previous stipulation and order, the time in which County Defendants may 25 file and serve their response to the current SAC, as well as file an Anti-SLAPP Motion under 26 California Code of Civil Procedure Section 425.16, has been extended through April 4, 2011 (Dkt. 27 Nos. 33, 37). Further, in its Order entered February 16, 2011, the Court also continued the Case 28 Management Conference in this case to May 5, 2011 (Dkt. No. 37). Stipulation to Permit Filing of a Third Amended Complaint, et al.; [Proposed] Order 2 USDC Case No. CV-10-00841 RS 1 F. The parties also request that the County Defendants be provided with additional time 2 in which to file a response to the SAC or any third amended complaint (if filed), through May 31, 3 2011. In addition, the parties request that the County Defendants be provided with an additional 4 extension of time in which to file its Anti-SLAPP motion under California Code of Civil Procedure 5 Section 425.16 also through May 31, 2011, to permit coordination of pleadings and motions. This 6 Court has the discretion under California Code of Civil Procedure Section 425.16(f) to extend the 7 initial 60-day filing period for Anti-SLAPP motions to "any later time upon terms it deems proper." 8 The parties believe that an extension for the filing of such a motion through May 31, 2011, is 9 appropriate under the circumstances, to permit the parties to attempt to resolve issues relevant to 10 such motions informally and without the necessity of involving the Court. 11 G. Based on the requests contained in this stipulation, and due to the fact that the 12 pleadings in this case have not yet settled, the parties also request that the Court continue the Case 13 Management Conference (currently set for May 5, 2011) to July 14, 2011, or such other date as is 14 convenient for the Court. The parties expect by such time to have further information regarding the 15 parameters of this action, anticipated pre-trial proceedings, and the proper scope of discovery, to 16 address scheduling issues with the Court. 17 WHEREFORE, the parties to this stipulation hereby agree and request entry of a court order 18 as follows: 19 20 1. STIPULATION The parties request that Plaintiff be permitted to file a third amended complaint in this 21 case through and including April 29, 2011. 22 2. The time in which County Defendants may file a response to the current Second 23 Amended Complaint or any third amended complaint (if filed) is requested to be extended through 24 and including May 31, 2011. 25 3. The time in which County Defendants may file its Anti-SLAPP motion under 26 California Code of Civil Procedure Section 425.16 as to certain State Law claims alleged herein is 27 requested to be extended through and including May 31, 2011. 28 Stipulation to Permit Filing of a Third Amended Complaint, et al.; [Proposed] Order 3 USDC Case No. CV-10-00841 RS 1 4. The Case Management Conference currently scheduled to occur on May 5, 2011, is 2 requested to be continued to July 14, 2011, at 10:00 a.m., or such other date and time as is 3 convenient for the Court. The parties shall file a supplemental joint case management conference 4 statement at least one week prior to the conference. 5 5. This stipulation does not prevent or preclude the parties from seeking additional relief 6 from this Court, to amend this stipulation and order or otherwise. 7 8 Dated: April 4, 2011 9 10 11 12 Dated: April 4, 2011 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation to Permit Filing of a Third Amended Complaint, et al.; [Proposed] Order 4 USDC Case No. CV-10-00841 RS Respectfully submitted, Bruce D. Goldstein, County Counsel By: /s/ Anne L. Keck Anne L. Keck, Deputy County Counsel Attorneys for County Defendants Sally Steinhart, Plaintiff in pro per By: /s/ Sally Steinhart Sally Steinhart 1 2 [PROPOSED] ORDER Pursuant to and in accordance with the foregoing Stipulation, and with good cause appearing, 3 it is hereby ordered as follows: 4 1. Plaintiff is permitted to file a third amended complaint in this case through and including 5 April 29, 2011. 6 2. The time in which County Defendants may file a response to the current Second 7 Amended Complaint or any third amended complaint (if filed) is extended through and including 8 May 31, 2011. 9 3. The time in which County Defendants may file its Anti-SLAPP motion under California 10 Code of Civil Procedure Section 425.16 as to certain State Law claims alleged herein is extended 11 through and including May 31, 2011. 12 4. The Case Management Conference currently scheduled to occur on May 5, 2011, is xxxxxxxxxxxxxxxxxxxxxxx 13 continued to July 14, 2011, at 10:00 a.m., or ______________________. The parties shall file a 14 supplemental joint case management conference statement at least one week prior to the conference. 15 IT IS SO ORDERED. ___________________________________ HONORABLE RICHARD SEEBORG United States District Judge 4/4/11 16 Date: _____________ 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation to Permit Filing of a Third Amended Complaint, et al.; [Proposed] Order 5 USDC Case No. CV-10-00841 RS

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