Sandoval et al v. County of Sonoma et al

Filing 100

STIPULATION AND ORDER to (1) Extend Briefing Schedule on Motions to Dismiss, and (2) Reschedule Hearings on Motions to Dismiss and Case Management Conference. Set/Reset Deadlines as to 93 and 95 MOTION to Dismiss and Strike. Rep lies due by 7/15/2013. Motion Hearing and Further Case Management Conference set for 7/29/2013 10:00 AM in Courtroom 2, 17th Floor, San Francisco before Hon. Thelton E. Henderson. Signed by Judge Thelton E. Henderson on 05/13/2013. (tmi, COURT STAFF) (Filed on 5/13/2013)

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BRUCE D. GOLDSTEIN, State Bar No. 135970
County Counsel
ANNE L. KECK, State Bar No. 136315
Deputy County Counsel
Office of the Sonoma County Counsel
575 Administration Drive, Room 105A
Santa Rosa, CA 95403-2815
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendants the
Office, and Sheriff-Coroner Steve Freitas

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No. CV-11-05817 TEH

RAFAEL MATEOS-SANDOVAL and
SIMEON AVENDANO RUIZ, individually
and as class representatives,

JOINT STIPULATION TO (1) EXTEND
BRIEFING SCHEDULE ON MOTIONS TO
DISMISS, AND (2) RESCHEDULE
HEARINGS ON MOTIONS TO DISMISS
AND CASE MANAGEMENT CONFERENCE;
[PROPOSED] ORDER

Plaintiffs,
v.
COUNTY OF SONOMA, SONOMA
TMENT,
STEVE FREITAS, CITY OF SANTA ROSA,
SANTA ROSA POLICE DEPARTMENT,
TOM SCHWEDHELM, and DOES 1 through
20, individually and in their official capacities,
Defendants.
______________________________________/

This Joint Stipulation to (1) Extend Briefing Schedule on Motions to Dismiss, and (2)

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Reschedule Hearings on Motions to Dismiss is submitted by all named parties in this action,

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including: Plaintiffs Rafael Mateos-Sandoval and Simeon Avendano Ruiz (collectively,

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County Sheriff-

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of Santa Rosa, Santa Rosa Police Department, and Santa Rosa Police Chief Tom Schwedhelm
Through this Stipulation, the parties agree to request a Court

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Defendants the City

Joint Stipulation to (1) Extend Briefing
Schedule on Motions to Dismiss, et al.

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U.S.D.C. No. cv-11-05817 TEH

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order to extend the briefing schedule for the pending motions to dismiss, and to reschedule the

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hearings on those motions as well as the case management conference, all of which are currently set

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for June 24, 2013. The parties submit that good cause supports their request, as set forth below.
RECITALS

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A.

In a previous Order filed on April 4, 2013 (Dkt. No. 88), the Court set a briefing

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g them to be filed on April 12, 2013, with

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oppositions due on May 3, 2013, replies due on May 13, 2013, and setting a hearing date of June 3,

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2013. Thereafter, based on an oral request made by County Counsel on April 8, 2013, the Court

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continued the hearings on the motions to dismiss to June 24, 2013, and set a further case

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management conference to be held that same day (Dkt. No. 91).
B.

Pursuant to the scheduling Order, Defendants timely filed their motions to dismiss on

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April 12, 2013 (see Dkt. Nos. 93 and 95). However, Plaintiffs were unable to make the filing due

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dates for their oppositions due to scheduling conflicts, but filed their opposition to the City

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motion to dismiss on May 7, 2013.
C.

Based on the attendant circumstances and

schedule, the parties

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have agreed to set a new schedule for the remainder of the briefing on the motions to dismiss and to

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reschedule the hearing date on those motions to July 29, 2013.

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D.

This extension of time is necessary to accommodate County C

schedule and briefing schedule in the appeal in this case and other cases.
E.

In addition, to conserve the resources of the Court and the parties, the parties request

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that the further case management conference, currently scheduled to be held on June 24, 2013, be

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continued to July 29, 2013, at 10:00 am, so that it may be held concurrently with the hearings on the

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motions to dismiss.

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WHEREFORE, the parties to this stipulation hereby agree and request entry of an order as
follows:

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Joint Stipulation to (1) Extend Briefing
Schedule on Motions to Dismiss, et al.

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U.S.D.C. No. cv-11-05817 TEH

STIPULATION

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1.

The parties request the Court to amend its Orders entered on April 4, 2013 (Dkt. No.

88) and April 8, 2013 (Dkt. No. 91) for the purpose of extending the briefing schedule on

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Motions to Dismiss Replies Due:

July 15, 2013

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Proposed New Hearing Date:

July 29, 2013, at 10:00 a.m.

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2.

In addition, the parties request the Court to reschedule the further case management

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conference, currently scheduled to be held on June 24, 2013, to July 29, 2013, at 10:00 am, so that it

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may be held concurrently with the hearings on the motions to dismiss.

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3.

Nothing in this Stipulation and request for order is intended to modify the other

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matters addressed in any Court order unless expressly identified herein, nor does it preclude the

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parties from seeking additional relief from this Court, to amend this stipulation and order or

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otherwise.

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Respectfully Submitted,
Dated: May 10, 2013

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Bruce D. Goldstein, Sonoma County Counsel
By:

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Dated: May 10, 2013

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Caroline L. Fowler, Santa Rosa City Attorney
By:

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Dated: May 10, 2013

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

/s/ Robert L. Jackson
Robert L. Jackson, Assistant City Attorney
Attorneys for City Defendants

Robert Mann & Donald W. Cook, Attorneys at Law
By:

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/s/ Donald W. Cook
Donald W. Cook
Attorneys for Plaintiffs

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Joint Stipulation to (1) Extend Briefing
Schedule on Motions to Dismiss, et al.

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U.S.D.C. No. cv-11-05817 TEH

[PROPOSED] ORDER

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Pursuant to and in accordance with the foregoing Stipulation, and with good cause appearing,
IT IS HEREBY ORDERED as follows:
1.

The Orders entered on April 4, 2013 (Dkt. No. 88) and April 8, 2013 (Dkt. No. 91)

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motions to dismiss and rescheduling the hearing on those motions as follows:

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Motions to Dismiss Replies Due:

July 15, 2013

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Motions to Dismiss Hearing Date:

July 29, 2013, at 10:00 a.m.

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2.

The further case management conference in this case, currently scheduled to be held

on June 24, 2013, is rescheduled to July 29, 2013, at 10:00 am, so that it may be held concurrently

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with the hearings on the motions to dismiss.

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IT IS SO ORDERED.

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05/13/2013
Date: _____________

UNIT
ED

____________________________________
HONORABLE THELTON E. HENDERSON
United States District Judge

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Joint Stipulation to (1) Extend Briefing
Schedule on Motions to Dismiss, et al.

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U.S.D.C. No. cv-11-05817 TEH