Robertson v. Contra Costa County et al

Filing 33

ORDER granting 32 STIPULATION extending deadlines re 31 MOTION to Dismiss Amended Complaint. Response due by 6/23/2016. Reply due by 6/30/2016. Motion Hearing reset for 7/19/2016 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 06/06/2016. (jmdS, COURT STAFF) (Filed on 6/6/2016)

1 MICHAEL W. BIEN – 096891
LISA ELLS – 243657
2 VAN SWEARINGEN – 259809
ROSEN BIEN GALVAN & GRUNFELD LLP
3 50 Fremont Street, 19th Floor
San Francisco, California 94105-2235
4 Telephone: [phone]
Facsimile: [phone]
[e-mail]
5 Email:
[e-mail]
[e-mail]
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7 Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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12 RANDY DAVID RAY ROBERTSON,
Plaintiff,

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v.

15 CONTRA COSTA COUNTY, et al.,
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Defendants.

Case No. 3:15-cv-02549-WHO
STIPULATION AND ORDER TO
EXTEND BRIEFING DEADLINES
AND HEARING ON COUNTY
DEFENDANTS’ MOTION TO
DISMISS
Judge:
Date:
Time:
Crtrm.:

Hon. William H. Orrick
July 19, 2016
2:00 p.m.
2, 17th Floor

Trial Date:

None Set

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[3003711-1]

3:15-cv-02549-WHO
STIPULATION AND ORDER TO EXTEND BRIEFING DEADLINES AND HEARING ON COUNTY
DEFENDANTS’ MOTION TO DISMISS

1

WHEREAS, Plaintiff Randy David Ray Robertson served his First Amended

2 Complaint (“FAC”) on Defendants Contra Costa Office of the Sherriff and Contra Costa
3 Health Services on April 20, 2016, and served Defendant Contra Costa County on April
4 21, 2016;
5

WHEREAS, Plaintiff Robertson and Defendants Contra Costa County, Contra

6 Costa Office of the Sherriff, and Contra Costa Health Services (collectively, “County
7 Defendants”) stipulated to a two-week extension of the deadline for County Defendants to
8 respond to the First Amended Complaint to May 26, 2016, and the Court so ordered (Dkt.
9 No. 29);
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WHEREAS, County Defendants filed a Motion to Dismiss Plaintiff Robertson’s

11 FAC on May 26, 2016 (Dkt. No. 31);
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WHEREAS, Plaintiff Robertson does not disagree with County Defendants’

13 contention that certain claims pleaded as Eighth Amendment Claims should be pleaded as
14 Fourteenth Amendment Claims in an amended complaint;
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WHEREAS, Plaintiff Robertson and County Defendants (collectively, “the

16 Parties”) have agreed to an expedited mutual document exchange in part to: 1) potentially
17 narrow the number of individual Defendants and/or claims, if the Parties agree that the
18 exchanged documents warrant such narrowing; and 2) consider the appropriateness of
19 early settlement discussions following the document exchange;
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WHEREAS, the Parties have agreed that their expedited mutual document

21 exchange will be effectuated by June 10, 2016;
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WHEREAS, the Parties seek a two-week extension to the existing Motion to

23 Dismiss briefing deadlines (currently Plaintiff’s Opposition is due July 9, 2016, and
24 County Defendants’ Reply is due July 16, 2016);
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WHEREAS, a hearing on County Defendants’ Motion to Dismiss is currently set

26 for July 6, 2016;
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WHEREAS, a Case Management Conference is currently set for July 19, 2016

28 (Dkt. No. 30);
[3003711-1]

3:15-cv-02549-WHO
1
STIPULATION AND ORDER TO EXTEND BRIEFING DEADLINES AND HEARING ON COUNTY
DEFENDANTS’ MOTION TO DISMISS

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NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and

2 between the Parties to this action, through their respective counsel that:
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

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To Dismiss on or by June 23, 2016;


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Plaintiff Robertson shall file his Opposition to County Defendants’ Motion
County Defendants shall file their Reply in Support of County Defendants’
Motion To Dismiss on or by June 30, 2016; and



The hearing on County Defendants’ Motion to Dismiss will be set for July

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19, 2016 at 2:00 p.m., the same date and time as the currently-scheduled

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Case Management Conference.

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11 DATED: June 3, 2016

Respectfully submitted,

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ROSEN BIEN GALVAN & GRUNFELD LLP

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By: /s/ Van Swearingen
Van Swearingen

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Attorneys for Plaintiff

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18 DATED: June 3, 2016

Respectfully submitted,

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SHARON L. ANDERSON
COUNTY COUNSEL

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By: /s/ Patrick L. Hurley
Deputy County Counsel
Attorneys for Defendants
CONTRA COSTA COUNTY, CONTRA COSTA
OFFICE OF THE SHERIFF, AND CONTRA
COSTA HEALTH SERVICES

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[3003711-1]

3:15-cv-02549-WHO
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STIPULATION AND ORDER TO EXTEND BRIEFING DEADLINES AND HEARING ON COUNTY
DEFENDANTS’ MOTION TO DISMISS

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2

ORDER
Based on the stipulation of the parties and good cause appearing therefor, IT IS

3 HEREBY ORDERED that the existing deadlines associated with County Defendants’
4 Motion To Dismiss Plaintiff Robertson’s First Amended Complaint are modified as
5 follows:
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

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To Dismiss on or by June 23, 2016;


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Plaintiff Robertson shall file his Opposition to County Defendants’ Motion
County Defendants shall file their Reply in Support of County Defendants’
Motion To Dismiss on or by June 30, 2016; and



The hearing on County Defendants’ Motion to Dismiss will be set for July

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19, 2016 at 2:00 p.m., the same date and time as the currently-scheduled

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Case Management Conference.

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IT IS SO ORDERED.

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15 DATE: June 6, 2016
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Hon. William H. Orrick
United States District Judge

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[3003711-1]

3:15-cv-02549-WHO
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STIPULATION AND ORDER TO EXTEND BRIEFING DEADLINES AND HEARING ON COUNTY
DEFENDANTS’ MOTION TO DISMISS