M.G. v. Contra Costa County et al

Filing 50

ORDER SETTING SCHEDULE AND REQUESTING BRIEFING re 34 MOTION for Summary Judgment (DEFENDANTS' NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT AND/OR PARTIAL SUMMARY JUDGMENT) filed by David Livingston, Contra Costa County, 40 MOTION to Substitute Party Plaintiff's Motion for Leave to File First Amended Complaint filed by M.G., 42 MOTION to Continue CONTRA COSTA COUNTY AND DAVID LIVINGSTON'S MOTION TO CHANGE TIME TO CONTINUE TRIAL DATE AND REL ATED DEADLINES; POINTS AND AUTHORITIES; DECLARATION OF JANICE AMENTA filed by David Livingston, Contra Costa County, 43 Notice (Other) filed by David Livingston, Contra Costa County, Set/Reset Deadlines as to 34 MOTION for Summary Judgment (DEFENDANTS' NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT AND/OR PARTIAL SUMMARY JUDGMENT), 40 MOTION to Substitute Party Plaintiff's Motion for Leave to File First Amended Complaint, 42 MOTION to Contin ue CONTRA COSTA COUNTY AND DAVID LIVINGSTON'S MOTION TO CHANGE TIME TO CONTINUE TRIAL DATE AND RELATED DEADLINES; POINTS AND AUTHORITIES; DECLARATION OF JANICE AMENTA, 43 Notice (Other). Responses due by 2/19/2013. Replies due by 2/21/2013. Motion Hearing set for 2/25/2013 03:00 PM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup.. Signed by Judge Alsup on February 15, 2013.. (whalc1, COURT STAFF) (Filed on 2/15/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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M.G., by and through his Guardian ad
litem, LaShan Goodwin

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Plaintiff,

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No. C 11-04853 WHA

ORDER SETTING SCHEDULE
AND REQUESTING BRIEFING

v.

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COUNTY OF CONTRA COSTA, et al.,

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Defendants.
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Without reaching the question of the inadequacy of the declaration concerning the

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blanket unavailability of the other county attorneys, the Court will accommodate Attorney Janice

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Amenta and hold a hearing on the summary judgment motion and the motion to amend on

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FEBRUARY 25 AT 3:00 P.M. in Courtroom 8, on the 19th Floor, United States Courthouse, 450

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Golden Gate Avenue, San Francisco, CA 94102. Defendants’ request to continue the trial date

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may also be heard at that hearing.

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Plaintiff does not oppose defendants’ motion for summary judgment. Instead, plaintiff

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has filed a motion for leave to amend its complaint. Plaintiff’s counsel, however, has briefed the

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wrong standard. The time to amend under the case management order has long since passed.

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Any possibility of amendment is now governed by Rule 16(b), not by Rule 15. Accordingly,

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plaintiff’s counsel shall file a supplemental brief in support of its request for leave to amend by

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FEBRUARY 19 AT NOON. Defendants’ opposition will be due by FEBRUARY 21 AT NOON. As

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noted above, the matter will be heard with the summary judgment motion on February 25. No

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replies, please.

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Plaintiff is requested to comply with the requirements of Local Rule 3-4 in all future
filings.

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IT IS SO ORDERED.

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Dated: February 15, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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