Wilson et al v. Zubiate et al

Filing 59

Order by Hon. Vince Chhabria granting 58 Stipulation to File Second Amended Complaint and Continue Case Management Conference.(knm, COURT STAFF) (Filed on 3/20/2015)

1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
2
Including Professional Corporations
GERALDINE A. FREEMAN, Cal. Bar No. 111483
3 STEVEN B. SACKS, Cal. Bar No. 98875
DANIELLE T. KENNEDY, Cal. Bar No. 256700
4 Four Embarcadero Center, 17th Floor
San Francisco, California 94111-4109
5 Telephone:
415.434.9100
Facsimile:
415.434.3947
6 Email:
[e-mail]
[e-mail]
7
[e-mail]
8 Attorneys for Plaintiff Kelly H. Wilson
9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11 KELLY H. WILSON,

Case No. 14-CV-1032 VC (PR)

12

STIPULATION AND [PROPOSED]
ORDER TO FILE SECOND AMENDED
COMPLAINT AND CONTINUE CASE
MANAGEMENT CONFERENCE

13

Plaintiff,
v.

14 CYNTHIA ZUBIATE, et al.,
Judge: Hon. Vince Chhabria
15

Defendant(s).

16
17

Plaintiff Kelly H. Wilson and Defendants Cynthia Zubiate, M. Spearman, William Jordan, and

18 Jeffrey Beard (collectively, the “Parties”), through their counsel of record, hereby stipulate and agree as
19 follows:
20

WHEREAS, on January 22, 2015, the Court entered its Order Referring Plaintiff to the Federal

21 Pro Bono Project and Staying Proceedings Pending Appointment of Counsel;
22

WHEREAS, on January 30, 2015, the Court entered its Order Appointing Counsel pursuant to

23 which (i) present counsel was appointed as counsel for Plaintiff Wilson; (ii) an in-person case
24 management conference was scheduled for March 24, 2015 at 10:00 a.m.: and (iii) the deadline for filing
25 a joint case management statement was set for March 17, 2015.
26

WHEREAS, counsel for Plaintiff has commenced their investigation in this matter and believe

27 that it is in Plaintiff’s interest to file an amended complaint in order to properly and fully state Plaintiff’s
28 claims, and counsel for Defendants has agreed that Plaintiff may do so.
SMRH:436725250.2

3:14-cv-01032-VC

-1-

STIPULATION AND [PROPOSED] ORDER

1

NOW, THEREFORE, the Parties agree as follows:

2

1.

Plaintiff Wilson has leave to file a second amended complaint in this matter and will do

3 so on or before April 15, 2015; and
4

2.

The case management conference currently scheduled for March 24, 2015 will be

5 continued for at least ninety (90) days to allow the Parties to file their respective pleadings and conduct
6 initial discovery.1
7 Dated: March 16, 2015
8

SHEPPARD, MULLIN, RICHTER & HAMPTON

LLP

9
By
10

/s/ Steven B. Sacks
STEVEN B. SACKS

11

Attorneys for Kelly H. Wilson

12
Dated: March 16, 2015
13
OFFICE OF THE ATTORNEY GENERAL
FOR THE STATE OF CALIFORNIA

14
15
16

By

/s/ Kathleen Marie Boergers
KATHLEEN MARIE BOERGERS

17

Attorneys for Defendants Cynthia Zubiate, et al.

18
ORDER

19

IT IS SO ORDERED. Plaintiff Wilson has leave to file a second amended complaint in this matter and
20
shall do so on or before April 15, 2015. The status conference in this case currently scheduled for March
21

24, 2015 at 10:00 a.m. is continued to May 5

, 2015 at

10:00 ____.
a.m.

22
23
24 Dated: March 20 , 2015

By
Honorable VINCE CHHABRIA
United States District Judge

25
26
27

1

The filer of this document hereby attests that he has on file all holographic signatures corresponding to
28 any signatures indicated by a conformed signature (/S/) within this e-filed document.
SMRH:436725250.2

3:14-cv-01032-VC

-2-

STIPULATION AND [PROPOSED] ORDER