Righetti v. California Department of Corrections and Rehabilitation et al

Filing 87

STIPULATION AND ORDER EXTENDING TIME TO ANSWER re 85 Stipulation filed by Duc Nguyen. Signed by Judge Edward M. Chen on 11/29/12. (bpf, COURT STAFF) (Filed on 11/29/2012)

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JOHN P. RHODE, #132533
CAMERON L. COBDEN, #214334
HARDY ERICH BROWN & WILSON
A Professional Law Corporation
1000 G Street, Suite 200
Sacramento, California 95814
P.O. Box 13530
Sacramento, California 95853-3530
[phone] ● Fax [phone]

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Attorneys for Defendant DUC NGUYEN, M.D.

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IN THE UNITED STATES DISTRICT COURT

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IN AND FOR THE NORTHERN DISTRICT

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GERALD RIGHETTI ,

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Plaintiff,

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Case No. 3:11-CV-02717-EMC

v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION, ET
AL. ,

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Defendants.

STIPULATION AND REQUEST TO
EXTEND TIME FOR DEFENDANT
DUC NGUYEN, M.D. TO RESPOND
TO PLAINTIFFS' SECOND
AMENDED COMPLAINT ; ORDER
Trial Date: Not Set
Complaint Filed: 6/6/2011;
Amended 6/1/2012

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1000 G Street, Suite 200

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Sacramento, CA 95814
phone [phone]
fax [phone]

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STIPULATION AND REQUEST TO EXTEND
TIME; Case No. CV-11-2717-EMC

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Pursuant to Local Rules 6-1(b) and 6-2, Plaintiff Gerald S. Righetti and defendant

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Duc Nguyen, M.D. by and through their respective counsel hereby stipulate to and

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request that defendant Duc Nguyen, M.D. have until 14 days after the parties’ next Case

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Management Conference (currently set for January 3, 2012), to answer or otherwise

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respond to Plaintiff’s Second Amended Complaint.

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Dated: November 29, 2012

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Respectfully submitted,

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HARDY ERICH BROWN & WILSON
A Professional Law Corporation

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/s/Cameron L. Cobden
By______________________________________________
JOHN P. RHODE
CAMERON L. COBDEN
Attorneys for Defendant Dr. Duc Nguyen

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Dated: November 29, 2012

Respectfully submitted,

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O’MELVENY & MYERS LLP

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/s/ Meghan Woodsome 1

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By____________________________________________
DARIN SNYDER
MEGHAN WOODSOME
DIXIE NOONAN
Attorneys For Plaintiff Gerald S. Righetti

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Dated: November 29, 2012

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Pursuant to Local Rule 5-1(i)(3), I, Cameron L. Cobden, attest that I have obtained the concurrence of
ER
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Megan Woodsome in the filing of this document and that I have and will maintain records supporting
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D IS T IC T O
this concurrence for production as required. /s/Cameron L. Cobden
R
STIPULATION AND REQUEST TO EXTEND
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TIME; Case No. CV-11-2717-EMC
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Sacramento, CA 95814

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1000 G Street, Suite 200

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______________________________________________
ERED
O ORD JUDGE
UNITED STATES DISTRICT
IT IS S

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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UNIT
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DECLARATION IN SUPPORT

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I, Cameron L. Cobden, declare as follows:

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1.

At the hearing before the Court on defendant Duc Nguyen, M.D.’s motion

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to dismiss, the Court stated that it would decide at the upcoming Case Management

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Conference whether Plaintiff would have leave to amend after opportunity to perform

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additional factual development and/or pursue limited discovery.

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2.

Following the court’s dismissal of the medical negligence portion of

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Plaintiff’s complaint as to Dr. Nguyen, Dr. Nguyen’s representation was tendered to the

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Office of the Attorney General.

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It is anticipated that the status of Dr. Nguyen’s

representation will be settled on or about December 14, 2012.

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3.

Granting this stipulated request would conserve the Parties’ and the

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Court’s resources by obviating the need to relitigate the sufficiency of a complaint that

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has not been amended as to defendant Dr. Nguyen and to which this Court has already

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issued an order.

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4.

Accordingly, the Parties respectfully request that Dr. Nguyen be allowed

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to defer responding to the Second Amended Complaint until 14 days after the next Case

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Management Conference, to the extent not otherwise affected by other orders of the

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Court.

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5.

Plaintiff and defendant Dr. Nguyen are not aware of any effects on the

schedule of this case caused by this stipulation and request.
Dated: November 29, 2012

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Respectfully submitted,

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HARDY ERICH BROWN & WILSON
A Professional Law Corporation

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/s/Cameron L. Cobden

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By______________________________________________
JOHN P. RHODE
CAMERON L. COBDEN
Attorneys for Defendant Dr. Duc Nguyen

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1000 G Street, Suite 200

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Sacramento, CA 95814
phone [phone]
fax [phone]

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STIPULATION AND REQUEST TO EXTEND
TIME; Case No. CV-11-2717-EMC