Sandoval et al v. County of Sonoma et al

Filing 30

STIPULATION AND ORDER (1) Extend Briefing Schedule on Motions to Dismiss, and (2) Continue Case Management Conference Date. Responses due by 5/14/2012. Replies due by 5/24/2012. Initial Case Management Conference set for 6/18/2012 10:00 AM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 04/30/2012. (tmi, COURT STAFF) (Filed on 4/30/2012)

1 BRUCE D. GOLDSTEIN, State Bar No. 135970
County Counsel

2 ANNE L. KECK, State Bar No. 136315
Deputy County Counsel

3 Office of the Sonoma County Counsel
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, Sonoma County Sheriff’s

8 Office, and Sheriff-Coroner Steve Freitas
9
10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12

SAN FRANCISCO DIVISION

13 RAFAEL MATEOS-SANDOVAL, et al.,

No. CV-11-05817 TEH

14

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

15

Plaintiffs,
v.

16 COUNTY OF SONOMA, et al.,
17

Defendants.
/

18
This joint stipulation is entered into by and between all named parties in this action,

19
including: Plaintiffs Rafael Mateos-Sandoval and Simeon Avendano Ruiz (collectively,

20
“Plaintiffs”); Defendants the County of Sonoma, Sonoma County Sheriff’s Office, and Sonoma

21
County Sheriff-Coroner Steve Freitas (collectively, “County Defendants”); and the City of Santa

22
Rosa, Santa Rosa Police Department, and Santa Rosa Police Chief Tom Schwedhelm (collectively,

23
“City Defendants”). Through this stipulation, the parties request the Court to enter an order: (1)

24
extending the briefing schedule for the pending Motions to Dismiss; and (2) continuing the initial

25
Case Management Conference currently scheduled for June 4, 2012, to June 18, 2012, at 10:00 a.m.

26
The parties submit good cause supports this stipulation and request for order, pursuant to the

27
following.

28
Joint Stipulation to (1) Extend Briefing
Schedule on Motions to Dismiss, et al.;
[Proposed] Order

1

USDC Case No. CV-11-05817 TEH

RECITALS

1
2

A.

Plaintiffs filed their Class Action Complaint for Damages and Injunctive Relief in

3 this case on December 2, 2011. County Defendants and City Defendants filed Motions to Dismiss
4 the complaint on April 16, 2012, both of which are set for hearing on June 18, 2012, at 10:00 a.m.
5

B.

Based on the length of time prior to the hearing and the variety of issues addressed in

6 the Motions to Dismiss, the parties have agreed to extend the briefing schedule for those motions to
7 permit Plaintiffs to file their oppositions through and including May 14, 2012, and to permit
8 Defendants to file their replies through and including May 24, 2012.
9

C.

In addition, the Court previously approved a stipulation of the parties to continue the

10 initial case management conference to May 21, 2012 (Dkt. No. 16). However, the Court later sua
11 sponte rescheduled the case management conference date to June 4, 2012, pursuant to a Clerk’s
12 Notice (Dkt. No. 19), and has announced on the official court website that it is no longer available
13 for hearings or conferences on May 21, 2012.
14

D.

Counsel for County Defendants (Deputy County Counsel Anne L. Keck) has filed a

15 Notice of Unavailability for the period May 25, 2012 through June 11, 2012, and has previously
16 informed all counsel that she will not be available during that time. Ms. Keck is the only attorney in
17 the Office of the Sonoma County Counsel assigned to represent County Defendants in this case, and
18 has requested all parties not to schedule any matters during that time period.
19

E.

To permit all counsel of record to attend, and to conserve the resources of the parties

20 and the Court, the parties request the Court to continue the initial Case Management Conference to
21 occur concurrently with the hearings on the motions to dismiss, on June 18, 2012, at 10:00 a.m.
22

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

23 follows:
STIPULATION

24
25

1.

The parties request the briefing schedule on the pending Motions to Dismiss be

26 extended to permit Plaintiffs to file their oppositions through and including May 14, 2012, and to
27 permit Defendants to file their replies through and including May 24, 2012.
28
Joint Stipulation to (1) Extend Briefing
Schedule on Motions to Dismiss, et al.;
[Proposed] Order

2

USDC Case No. CV-11-05817 TEH

1

2.

The parties request the Court to continue the initial Case Management Conference in

2 this case to June 18, 2012, at 10:00 a.m, to occur concurrently with the hearings on defendants’
3 pending motions to dismiss.
4

3.

The parties shall file a joint case management conference statement at least one week

5 prior to the conference.
6

4.

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

7 matters addressed in the Court’s Order entered January 25, 2012 (Dkt. No. 16), nor does it preclude
8 the parties from seeking additional relief from this Court, to amend this stipulation and order or
9 otherwise.
10

Respectfully submitted,

11 Dated: April 26, 2012

Bruce D. Goldstein, Sonoma County Counsel

12

By:

13

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

14 Dated: April 26, 2012

Caroline L. Fowler, Santa Rosa City Attorney

15

By:

16

/s/ Matthew J. LeBlanc
Matthew J. LeBlanc, Assistant City Attorney
Attorneys for City Defendants

17 Dated: April 26, 2012

Robert Mann & Donald W. Cook, Attorneys at Law

18

By:

19

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

20
21
22
23
24
25
26
27
28
Joint Stipulation to (1) Extend Briefing
Schedule on Motions to Dismiss, et al.;
[Proposed] Order

3

USDC Case No. CV-11-05817 TEH

[PROPOSED] ORDER

1
2
3
4

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

The briefing schedule on the pending Motions to Dismiss is extended to permit

5 Plaintiffs to file their oppositions through and including May 14, 2012, and to permit Defendants to
6 file their replies through and including May 24, 2012.
7

2.

The initial Case Management Conference for this case, currently scheduled to occur

8 on June 4, 2012, is continued to June 18, 2012, at 10:00 a.m. (specially set to occur concurrently
9 with motion hearings). The parties shall file a joint case management conference statement at least

UNIT
ED

IT IS SO ORDERED.

ISTRIC
ES D
TC
AT
T

RT
U
O

04/30/2012
12 Date: _____________

NO

H

ER

15
16

FO

RT

14

enderso

lton E. H

he
Judge T

LI

13

R NIA

______________________________________
HONORABLE THELTON E. HENDERSON
United States District Judge
n
A

11

S

10 one week prior to the conference.

N

F
D IS T IC T O
R

C

17
18
19
20
21
22
23
24
25
26
27
28
Joint Stipulation to (1) Extend Briefing
Schedule on Motions to Dismiss, et al.;
[Proposed] Order

4

USDC Case No. CV-11-05817 TEH