Robertson v. Contra Costa County et al

Filing 53

STIPULATION AND ORDER TO EXTEND COUNTY DEFENDANTS' TIME TO FILE AN AMENDED ANSWER AND PLAINTIFFS TIME FOR MOVING TO STRIKE THE OPERATIVE ANSWER by Hon. William H. Orrick granting 52 Stipulation. County Defendants' deadline to file an A mended Answer is extended to October 14, 2016. Plaintiff Robertson's deadline to file a motion to strike County Defendants' operative answer is extended to 21 days after County Defendants file an Amended Answer, or to November 4, 2016 in the event County Defendants do not file an Amended Answer.(jmdS, COURT STAFF) (Filed on 9/14/2016)

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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Case No. 3:15-cv-02549-WHO
STIPULATION AND ORDER TO
EXTEND COUNTY DEFENDANTS’
TIME TO FILE AN AMENDED
ANSWER AND PLAINTIFF’S TIME
FOR MOVING TO STRIKE THE
OPERATIVE ANSWER

Defendants.
Judge: Hon. William H. Orrick

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Trial Date:

October 23, 2017

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3039709-2

3:15-cv-02549-WHO
STIPULATION AND ORDER TO EXTEND PLAINTIFF’S TIME FOR SERVICE

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WHEREAS, Defendants Contra Costa County, Contra Costa Office of the Sherriff,

2 and Contra Costa Health Services (collectively, “County Defendants”) served their Answer
3 to Plaintiff Randy David Ray Robertson’s First Amended Complaint (Dkt. No. 51,
4 “Answer”) on August 26, 2016;
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WHEREAS, Plaintiff Robertson’s current deadline for filing a motion to strike

6 County Defendants’ Answer under Fed. R. Civ. Proc. 12(f)(2) is September 16, 2016;
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WHEREAS, Plaintiff Robertson’s counsel informed County Defendants’ counsel

8 that all of the affirmative defenses in the Answer are insufficiently pled or not affirmative
9 defenses at all, and that Plaintiff Robertson intended to move to strike all affirmative
10 defenses on these grounds;
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WHEREAS, County Defendants agreed to file Amended Answer to Plaintiff Randy

12 David Ray Robertson’s First Amended Complaint (“Amended Answer”) to attempt to
13 avoid unnecessary law and motion work;
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WHEREAS, County Defendants seek additional time to file an Amended Answer

15 so that the parties can focus their resources on the upcoming October 4, 2016 settlement
16 conference before the Hon. Judge Spero and possibly avoid unnecessary work in the event
17 settlement is reached;
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WHEREAS, the parties agree that County Defendants’ may file an Amended

19 Answer by October 14, 2016;
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WHEREAS, the parties agree that Plaintiff Robertson does not waive his right to

21 move to strike County Defendants’ operative answer and the County Defendants do not
22 waive their right to seek further leave to amend in response to any motion to strike the
23 Amended Answer;
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WHEREAS, the parties agree that Plaintiff Robertson’s deadline to file a motion to

25 strike County Defendants’ operative answer under Fed. R. Civ. Proc. 12(f)(2) is extended
26 to 21 days after County Defendants file an Amended Answer, or to November 4, 2016 in
27 the event County Defendants do not file an Amended Answer;
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3039709-2

NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and
3:15-cv-02549-WHO
1
STIPULATION AND ORDER TO EXTEND PLAINTIFF’S TIME FOR SERVICE

1 between the Parties, through their respective counsel that:
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

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County Defendants’ deadline to file an Amended Answer is extended to
October 14, 2016; and



Plaintiff Robertson’s deadline to file a motion to strike County Defendants’

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operative answer is extended to 21 days after County Defendants file an

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Amended Answer, or to November 4, 2016 in the event County Defendants

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do not file an Amended Answer.

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9 DATED: September 14, 2016
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Respectfully submitted,
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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16 DATED: September 14, 2016

Respectfully submitted,

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SHARON L. ANDERSON
COUNTY COUNSEL

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By: /s/ Patrick L. Hurley
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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STIPULATION AND ORDER TO EXTEND PLAINTIFF’S TIME FOR SERVICE

ORDER

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

3 HEREBY ORDERED that the existing deadlines are extended as follows:
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

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County Defendants’ deadline to file an Amended Answer is extended to
October 14, 2016; and



Plaintiff Robertson’s deadline to file a motion to strike County Defendants’

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operative answer is extended to 21 days after County Defendants file an

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Amended Answer, or to November 4, 2016 in the event County Defendants

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do not file an Amended Answer.

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IT IS SO ORDERED.

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12 DATE: September 14, 2016
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Hon. William H. Orrick
United States District Judge

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STIPULATION AND ORDER TO EXTEND PLAINTIFF’S TIME FOR SERVICE