Steinhart v. County of Sonoma et al

Filing 45

SECOND STIPULATION AND ORDER RE 44 TO EXTEND TIME FOR FILING 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 8/25/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 5/24/11. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 5/25/2011)

*E-Filed 5/25/11*

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: [phone]

5 Facsimile: [phone]
E-mail: [e-mail]

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

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

14 SALLY STEINHART,

No. CV-10-00841 RS

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SECOND STIPULATION FOR
ORDERS TO: (1) EXTEND TIME FOR
FILING A THIRD AMENDED
COMPLAINT; (2) EXTEND TIME TO
RESPOND TO COMPLAINT AND FILE
ANTI-SLAPP MOTION; AND (3)
CONTINUE CASE MANAGEMENT
CONFERENCE; [PROPOSED] ORDER

16

Plaintiff,
v.

17 COUNTY OF SONOMA, et al.,
18

Defendants.
/

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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 request that the Court enter an order: (1) further extending the time for Plaintiff to file a Third
25 Amended Complaint (“TAC”) through June 27, 2011; (2) extending the time for County Defendants
26 to file a response to the TAC and to file an Anti-SLAPP Motion under California Code of Civil
27 Procedure Section 425.16 through July 29, 2011; and (3) continuing the Case Management
28 Conference, currently set for July 14, 2011, to August 25, 2011. Defendant the State Department of
Second Stipulation for Orders: (1) to Extend Time for
Filing a Third Amended Complaint, et al.;
[Proposed] Order
1

USDC Case No. CV-10-00841 RS

1 Social Services and other named defendants have not appeared in this action, and are not parties to
2 this stipulation.
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RECITALS
A.

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”). The Court resolved the County Defendants’ Motions on
8 February 7, 2011, through its “Order Granting in Part and Denying in Part Motion to Dismiss and
9 Denying Motion for a More Definite Statement” (Dkt. No. 34) (hereinafter, the “ 2/7/11 Order”).
10 Thereafter, Plaintiff timely filed her Second Amended Complaint on March 9, 2011 (Dkt. No. 38).
11

B.

The parties have entered two previous stipulations, which the Court has approved,

12 related to the filing of a Third Amended Complaint (“TAC”) and related responses. (Dkt. Nos. 41
13 and 43.) Most recently, on April 29, 2011, this Court approved a stipulation of the parties and
14 entered an order: (1) permitting Plaintiff to file a TAC through May 20, 2011; (2) providing County
15 Defendants through June 28, 2011, to file a respond to the TAC and an Anti-SLAPP motion under
16 California Code of Civil Procedure Section 425.16. (Dkt. No. 43.)
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C.

The Case Management Conference in this case is currently set for July 14, 2011, at

18 10:00 a.m. (Dkt. No. 41.)
19

D.

Plaintiff has requested additional time in which to prepare and file her TAC through

20 June 27, 2011, based on her calendar and due dates in other cases. Further, pursuant to the parties’
21 informal discovery process, County Defendants have located additional information and documents
22 to provide to Plaintiff to consider in connection with preparing her TAC, which have not yet been
23 provided to her. Providing Plaintiff with additional time in which to file her TAC will permit her to
24 consider such information and conform her TAC to the Court’s 2/7/11 Order.
25

E.

County Defendants agree to Plaintiff’s request for an extension of time to prepare and

26 file her TAC. In return, Plaintiff has agreed to extend the time in which County Defendants may file
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Second Stipulation for Orders: (1) to Extend Time for
Filing a Third Amended Complaint, et al.;
[Proposed] Order
2

USDC Case No. CV-10-00841 RS

1 a response to the TAC, and an Anti-SLAPP Motion under California Code of Civil Procedure
2 Section 425.16, through July 29, 2011.1
3

F.

In light of the above stipulated dates, the parties have also agreed and request the

4 Court to continue the Case Management Conference from its current date of July 14, 2011, to
5 August 25, 2011, at 10:00 a.m.
6

WHEREFORE, the parties to this stipulation hereby agree and request entry of a court order

7 as follows:
8
9

STIPULATION
1.

The parties request that the time in which Plaintiff may file a third amended

10 complaint in this case be extended through and including June 27, 2011.
11

2.

The parties request that time in which County Defendants may file a response to the

12 current Second Amended Complaint or any third amended complaint (if filed) be extended through
13 and including July 29, 2011.
14

3.

The parties request that the time in which County Defendants may file their Anti-

15 SLAPP motion under California Code of Civil Procedure Section 425.16 as to certain State Law
16 claims alleged herein be extended through and including July 29, 2011.
17

4.

The parties request that the Case Management Conference, currently set for July 14,

18 2011, be continued to August 25, 2011, at 10:00 a.m. A joint case management conference
19 statement shall be filed one week prior to the conference.
20

5.

This stipulation does not prevent or preclude the parties from seeking additional relief

21 from this Court, to amend this stipulation and order or otherwise.
22

Respectfully submitted,

23 Dated: May 20, 2011

Bruce D. Goldstein, County Counsel

24

By:

25

/s/ Anne L. Keck
Anne L. Keck, Deputy County Counsel
Attorneys for County Defendants

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1

This Court has the discretion under California Code of Civil Procedure Section 425.16(f) to
extend the initial 60-day filing period for Anti-SLAPP motions to “any later time upon terms it
deems proper.”
Second Stipulation for Orders: (1) to Extend Time for
Filing a Third Amended Complaint, et al.;
[Proposed] Order
3

USDC Case No. CV-10-00841 RS

1 Dated: May 20, 2011

Sally Steinhart, Plaintiff in pro per

2

By:

/s/ Sally Steinhart
Sally Steinhart

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Second Stipulation for Orders: (1) to Extend Time for
Filing a Third Amended Complaint, et al.;
[Proposed] Order
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USDC Case No. CV-10-00841 RS

1
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[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.

The time in which Plaintiff may file a third amended complaint in this case is extended

5 through and including June 27, 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 July 29, 2011.
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3.

The time in which County Defendants may file their Anti-SLAPP motion under

10 California Code of Civil Procedure Section 425.16 as to certain State Law claims alleged herein is
11 extended through and including July 29, 2011.
12

4.

The Case Management Conference, currently set for July 14, 2011, is continued to

13 August 25, 2011, at 10:00 a.m. A joint case management conference statement shall be filed one
14 week prior to the conference.
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IT IS SO ORDERED.

5/24/11
16 Date: _____________

17

___________________________________
HONORABLE RICHARD SEEBORG
United States District Judge

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Second Stipulation for Orders: (1) to Extend Time for
Filing a Third Amended Complaint, et al.;
[Proposed] Order
5

USDC Case No. CV-10-00841 RS