Wadsworth v. California Department of Corrections and Rehabilitation (CDCR) et al

Filing 31

STIPULATION AND ORDER EXTENDING TIME TO RESPOND re 30 Stipulation filed by Christopher S. Wadsworth. Signed by Judge Edward M. Chen on 11/10/15. (bpf, COURT STAFF) (Filed on 11/10/2015)

Case 3:15-cv-02322-EMC Document 30 Filed 11/04/15 Page 1 of 4

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John F. Hyland (SBN 178875)
[e-mail]
Jessica Riggin (SBN 281712)
[e-mail]
RUKIN HYLAND DORIA & TINDALL LLP
100 Pine Street, Suite 2150
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
CHRISTOPHER WADSWORTH, M.D.

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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CHRISTOPHER S. WADSWORTH, M.D.,

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Plaintiff,
v.

Case No. 3:15-cv-02322-EMC
STIPULATION TO EXTEND TIME TO
RESPOND AND ALLOW FILING OF
SECOND AMENDED COMPLAINT

JEFFREY BEARD; J. CLARK KELSO;
[Civil Local Rule 6-1(a)]
TIMOTHY BELAVICH; RACHEL CHEN;
COURTNEY CORRADO; EUREKA DAYE;
Date Action Filed: 5/22/2015
ANDREW DEEMS; ERIC MONTHEI; CHERA First Amended Complaint Filed: 6/3/2015
VAN BURG; LAURA WHYTE; and DOES 1
through 50, inclusive,

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Defendants.
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Pursuant to Local Rule 6-1(a), Plaintiff Christopher Wadsworth and Defendants Jeffrey

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Beard, Rachel Chen, Courtney Corrado, Chera Van Burg, Laura Whyte, and J. Clark Kelso

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(collectively referred to as “Stipulating Defendants”), through their respective counsel, hereby

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stipulate and agree as follows:

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WHEREAS, the current deadline for at least some of the Stipulating Defendants to respond
to the First Amended Complaint is November 4, 2015;
WHEREAS, Rukin Hyland Doria & Tindall LLP substituted into this case on October 30,
STIPULATION TO EXTEND TIME TO RESPOND AND ALLOW FILING OF SECOND AMENDED
COMPLAINT
Case No.: 3:15-cv-02322-EMC

Case 3:15-cv-02322-EMC Document 30 Filed 11/04/15 Page 2 of 4

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2015 as counsel of record for Plaintiff Wadsworth and intend to file on Plaintiff’s behalf a second

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amended complaint;

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WHEREAS, Rukin Hyland Doria & Tindall LLP require sufficient time to meet and confer

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with Stipulating Defendants’ counsel and to prepare an amended complaint given the voluminous

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facts and currently pled causes of action in the operative complaint;

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WHEREAS, Plaintiff intends to file the second amended complaint prior to the Case

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Management Conference currently scheduled for December 10, 2015, and therefore the extension

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of time for Plaintiff to file a second amended complaint will not unduly affect or interfere with any

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conferences or hearings scheduled currently on calendar in this matter;

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WHEREAS, it is Plaintiff’s and the Stipulating Defendants’ understanding that the

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remaining Defendants have not yet secured counsel but will not be prejudiced by this stipulation;

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WHEREAS, the parties execute this stipulation upon mutual agreement, in good faith, and
not for the purpose of causing unwarranted delay; and
WHEREAS, the parties have not previously stipulated for an extension of time for Plaintiff
to file an amended complaint;
The parties now stipulate that (1) Plaintiff shall file his second amended complaint on or

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before December 7, 2015, and (2) the Stipulating Defendants shall file their respective responsive

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pleadings thereto not later than January 11, 2015 and, by entering into this stipulation, shall not be

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deemed to have waived any defenses they have to the second amended complaint.

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IT IS SO STIPULATED.

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Dated: November 4, 2015

RUKIN HYLAND DORIA & TINDALL LLP
By:

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Jessica Riggin
John F. Hyland

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________/s/ Jessica Riggin___________

Counsel for Plaintiff Christopher Wadsworth, M.D.

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-1STIPULATION TO EXTEND TIME TO RESPOND AND ALLOW FILING OF SECOND AMENDED
COMPLAINT
Case No.: 3:15-cv-02322-EMC

Case 3:15-cv-02322-EMC Document 30 Filed 11/04/15 Page 3 of 4

Case 3:15-cv-02322-EMC Document 30 Filed 11/04/15 Page 4 of 4

ERED

R NIA

O ORD

IT IS S

. Chen

RT

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ER

FO

NO

dward M

Judge E

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IT IS SO ORDERED:
________________________
DISTRIC
TC
Edward M. Chen ES
T
TA Judge
U.S. District

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D IS T IC T O
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