Steinhart v. County of Sonoma et al

Filing 6

SECOND STIPULATION AND ORDER RE 5 TO PERMIT FILING OF AN AMENDED COMPLAINT, AND EXTEND COUNTY DEFENDANTS' TIME TO RESPOND TO THE COMPLAINT. Signed by Judge Richard Seeborg on 6/16/10. (cl, COURT STAFF) (Filed on 6/16/2010)

*E-Filed 6/16/10*

1 STEVEN M. WOODSIDE, State Bar No. 58684 2 ANNE L. KECK, State Bar No. 136315 3 County of Sonoma
Deputy County Counsel 575 Administration Drive, Room 105A Telephone: [phone] County Counsel

4 Santa Rosa, California 95403-2815 5 Facsimile: [phone] 6

E-mail: [e-mail]

7 Attorneys for Defendants the County 8 Cogbill, and County employees Michael 9 and Robin Smith 10 11 12 13 SALLY STEINHART, 14 15
v. BILL COGBILL and DEPUTY SHERIFFS M. SHANAHAN and CAROLYN ZOE; HUMAN SERVICES DEPARTMENT DIRECTOR JO WEBER; FAMILY, YOUTH & CHILDREN'S SERVICES DIVISION DIRECTOR CAROL BAUER, AND CHILD WELFARE SERVICES/PROTECTIVE SERVICES SOCIAL WORKER ROBIN SMITH, individually and in their official capacities, CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, DOES 1-50, et al., Defendants. / SECOND STIPULATION TO (1) PERMIT FILING OF AN AMENDED COMPLAINT, AND (2) EXTEND COUNTY DEFENDANTS' TIME TO RESPOND TO THE COMPLAINT; [PROPOSED] ORDER Plaintiff, Shanahan, Caroline Japp, Jo Weber, of Sonoma, Sheriff-Coroner William

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION No. CV-10-00841 RS

16 COUNTY OF SONOMA, SHERIFF-CORONER 17 18 19 20 21 22 23 24

This joint second stipulation and request for entry of order is entered into by and between

25 Plaintiff in pro per, Sally Steinhart ("Plaintiff"), and Defendants the County of Sonoma, Sheriff26 Coroner William Cogbill, Sheriff's Deputy Michael Shanahan, Sheriff's Deputy Caroline Japp 27 (erroneously sued herein as Carolyn Zoe), and Sonoma County employees Jo Weber and Robin 28
Second Stipulation to (1) Permit Filing of an Amended Complaint, and (2) Extend County Defendants' Time to Respond to the Complaint; [Proposed] Order 1 USDC Case No. CV-10-00841 RS

1 Smith (collectively, "County Defendants"). Defendant the State Department of Social Services is 2 not a party to this stipulation. This stipulation and concomitant request for order is made based 3 upon Plaintiff's request for additional time in which to prepare, file and serve an amended 4 complaint, and a concomitant extension of time for County Defendants to file a responsive pleading. 5 The terms and provisions of this stipulation and request for order are set forth below. 6 7
A. RECITALS Plaintiff filed her Complaint for Declaratory and Injunctive Relief and Damages

8 herein on February 26, 2010 (the "Complaint"). Plaintiff believes that she effectuated service of the 9 Complaint on all County Defendants identified above on or about May 12, 2010. Plaintiff has not 10 yet effectuated service on Defendant the State Department of Social Services, nor Defendant and 11 former Sonoma County employee Carol Bauer (retired). 12
B. Pursuant to a previous stipulation of Plaintiff and County Defendants, the Court

13 entered an order, inter alia, permitting Plaintiff to file and serve an amended complaint through June 14 15, 2010, and providing County Defendants with additional time in which to respond to the 15 Complaint or amended complaint through July 15, 2010 (Docket No. 4). 16
C. Plaintiff has not yet been able to complete the preparation of her first amended

17 complaint. Accordingly, Plaintiff requests additional time in which to file and serve her amended 18 complaint, through June 18, 2010, and has agreed to permit County Defendants additional time in 19 which to serve their responsive pleading, through July 19, 2010. 20 21 22
1. WHEREFORE, the parties hereby stipulate and request entry of a court order as follows: STIPULATION Should Plaintiff desire to amend her complaint, she must file and serve an amended

23 complaint in this action on or before June 18, 2010. 24
2. County Defendants shall file and serve their responsive pleading to either the initial

25 Complaint or any amended complaint, as applicable, on or before July 19, 2010. 26 /// 27 /// 28
Second Stipulation to (1) Permit Filing of an Amended Complaint, and (2) Extend County Defendants' Time to Respond to the Complaint; [Proposed] Order 2 USDC Case No. CV-10-00841 RS

1

3.

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

2 from this Court, to amend this stipulation and order or otherwise. 3 4 Dated: June 16, 2010 5 6 7 Dated: June 16, 2010 8 9 10 11 12
[PROPOSED] ORDER * Respectfully submitted, Stephen M. Woodside, 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 * *

13 Pursuant to the foregoing stipulation, and with good cause appearing, 14
IT IS HEREBY ORDERED that Plaintiff shall have through June 18, 2010, to file an amended

15 complaint, and County Defendants shall have through July 19, 2010, to file a responsive pleading to 16 either the initial or amended complaint, as applicable. 17
6/16/10 18 Date: _____________ ___________________________________ HONORABLE RICHARD SEEBORG United States District Judge

19 20 21 22 23 24 25 26 27 28

Second Stipulation to (1) Permit Filing of an Amended Complaint, and (2) Extend County Defendants' Time to Respond to the Complaint; [Proposed] Order

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USDC Case No. CV-10-00841 RS