Baldasano v. County of San Benito et al

Filing 78

STIPULATION AND ORDER re 77 STIPULATION WITH PROPOSED ORDER (Regarding Issue of Possible New Claim by Plaintiff Nancy Martinez) filed by County of San Benito, Mike Mull, Victor Casada. Signed by Judge Jon S. Tigar on December 19, 2017. (wsn, COURT STAFF) (Filed on 12/19/2017)

1
2
3
4
5
6

JON A. HEABERLIN (SBN 199810)
RANKIN | STOCK | HEABERLIN
96 No. Third Street, Suite 500
San Jose, California 95112-7709
Telephone : [phone]
Facsimile : [phone]
Attorneys for Defendants
COUNTY OF SAN BENITO, MIKE MULL,
VICTOR CASADA

7
8

IN THE UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN JOSE DIVISION

11
12

NANCY MARTINEZ,

13

Plaintiff,

14

vs.

15

COUNTY OF SAN BENITO, MIKE
MULL, VICTOR CASADA, and
DOES 1-50,

16
17

Defendants.

18
19

)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 3:15-CV-00331 JST
³ Click here to copy title to footer
STIPULATION AND PROPOSED ORDER
REGARDING ISSUE OF POSSIBLE NEW
CLAIM BY PLAINTIFF NANCY MARTINEZ

WHEREAS on October 30, 2017, Plaintiff NANCY MARTINEZ presented a new

20

claim under the California Government Code to the County of San Benito for an incident

21

with County Sheriffs’ deputies that occurred on or about April 29, 2017;

22
23
24

WHEREAS the claim was rejected by operation of law on or about December 14,
2017;
WHEREAS during the Case Management Conference on December 6, 2017,

25

defense counsel raised the issue of whether Plaintiff Martinez would be filing a new

26

lawsuit, and whether that new lawsuit should be consolidated with the present litigation for

27

one jury trial; and

28

WHEREAS His Honor asked the parties to meet and confer on how to address this
1
Stipulation and Proposed Order Regarding Issue of New Claim by Plaintiff Nancy Martinez - CV-00331 JST

1

issue in light of the pending case schedule and the Court’s reluctance to amend it once

2

again;
THE PARTIES HEREBY STIPULATE, THROUGH THEIR COUNSEL OF RECORD

3
4

HEREIN:
1.

5

Plaintiff NANCY MARTINEZ shall decide by January 15, 2018 whether she

6

intends to litigate any claims relating to her April 29, 2017 incident in connection with the

7

present litigation.
2.

8
9

Should she elect to litigate the new claims with this case, she must file an

proposed amended complaint by January 15, 2018. If she does so, the parties shall

10

immediately meet and confer on an expedited discovery plan that contemplates the new

11

claims, but does not affect the case schedule as ordered by the Court in the Amended

12

Scheduling Order and Order Dismissing Summary Judgment as Moot (Docket 71) with the

13

following exceptions: the Court will consider a reasonable extension on the fact discovery

14

cut-off, and expert disclosure deadlines to the extent those implicate the new claims only.
JOHN KEVIN CROWLEY, ESQ.

15
16
17

DATED/s/ Dec. 15, 2017

18
19

Dated:/s/. Dec. 15, 2017_________

/s/ John Kevin Crowley, Esq.
JOHN KEVIN CROWLEY, ESQ.
Attorneys for Plaintiffs
RANKIN | STOCK | HEABERLIN

20
By:/s/ Jon A. Heaberlin
JON A. HEABERLIN
Attorneys for Defendants

21
22
23
24

//

25

//

26

//

27

//

28

//
2
Stipulation and Proposed Order Regarding Issue of New Claim by Plaintiff Nancy Martinez - CV-00331 JST

1

ORDER

2

Plaintiff NANCY MARTINEZ shall decide by January 15, 2018 whether she intends to

3

litigate any claims relating to her April 29, 2017 incident in connection with the present

4

litigation.

5
6

Should she elect to litigate the new claims with this case, she must file an proposed
a stipulation or motion for leave to file an
amended complaint by January 15, 2018. If she does so, the parties shall immediately

7

meet and confer on an expedited discovery plan that contemplates the new claims, but

8

does not affect the case schedule as ordered by the Court in the Amended Scheduling

9

Order and Order Dismissing Summary Judgment as Moot (Docket 71) with the following

10

exceptions: the Court will consider a reasonable extension on the fact discovery cut-off,

11

and expert disclosure deadlines to the extent those implicate the new claims only.

12
13

IT IS SO ORDERED.

14
15

Dated: December 19, 2017

________________________________
JUDGE OF THE U.S. DISTRICT COURT

16
17
18
19
20
21
22
23
24
25
26
27
28
3
Stipulation and Proposed Order Regarding Issue of New Claim by Plaintiff Nancy Martinez - CV-00331 JST