Natalie Sramek v. California Highway Patrol et al

Filing 5

ORDER by Judge Haywood S. Gilliam, Jr. Granting 4 Stipulation Moving Initial CMC. (ndrS, COURT STAFF) (Filed on 1/14/2016)

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Richard A. Madsen, Jr. (SBN 146174)
MADSEN LAW FIRM
551 Hartz Avenue, Suite B
Danville, California 94526
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
Attorney for Plaintiff,
Natalie Sramek

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UNITED STATES DISTRICT COURT

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IN THE NORTHERN DISTRICT OF CALIFORNIA

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Natalie Sramek,

Case No.: 15-cv-04873-HSG

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STIPULATED REQUEST TO
MOVE INITIAL CASE
MANAGEMENT CONFERENCE
AND EXTEND TIME FOR
SERVICE AND DEFENDANTS’
TIME TO ANSWER

Plaintiff,

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vs.

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California Highway Patrol (“CHP”);
CHP Commissioner Joseph Farrow;
CHP Officer Sean Harrington;
CHP Officer Robert Hazelwood;
individually and in their official capacities
as peace officers; and DOES 1-100,

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Defendants.
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/

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Pursuant to Civil Local Rule 6-2, the parties hereby submit their stipulated
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request to extend time for service and for Defendants’ time to answer, and to move the
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initial Case Management Conference currently scheduled for January 26, 2016, at 2:00
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p.m., for the following reasons:
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1.

This action is one of two cases filed in the above-captioned court, that

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involve all or a material part of the same subject matter and all, or substantially all, of
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the same parties as this action. This stipulated request is being simultaneously made in
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the other case as well (Vogt vs. CHP, et al. Case No. 15-cv-05199-JCS).
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2.

In both actions, Defendant, California Highway Patrol (by and through the

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Office of the Attorney General, State of California) received plaintiff’s “Notice of a
Stipulated Request to Move Initial Case Management Conference and Extend Time to Answer - 1
CASE NO. 15-cv-04873-HSG

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Lawsuit and Request to Waive Service of Summons,” along with the Complaint, and all

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other required documents on December 14, 2015.

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engaged in a good faith dialogue regarding several anticipated issues, including the

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status and perfection of service of the Complaint on the individual defendants. The

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stipulated requested extension will provide the parties additional time to ensure all

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parties are properly served and represented for appearance in the action.

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3.

Subsequently, the parties have

The parties have conferred and share an interest in an efficient and

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economical approach to managing this litigation, and are evaluating with their clients

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the possibility of engaging in early private mediation. To that end, the parties believe

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that moving the initial Case Management Conference and extending Defendants’ time to

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appear and respond to the Complaint would prevent premature expenditure of resources

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and allow the Parties to further organize, confer on, and evaluate the two pending

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related actions filed in this District for efficient management.

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4.

Therefore, the parties stipulate and jointly request that new dates in this

matter be assigned and ordered as follows:

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·

Service of all Defendants on or before March 1, 2016

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·

Extend Defendants’ time to answer to April 15, 2016

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·

Initial Case Management Conference on or about May 17, 2016 (with other

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associated deadlines continued accordingly).

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5.

There have been no previous requests or orders for time modification in

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the case. The requested extension of time will not appreciably delay proceedings in this

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action, and will enable more efficient and economical management of the litigation. No

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parties will be prejudiced, and all parties will remain similarly positioned to proceed

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without further delay.

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///

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///

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Stipulated Request to Move Initial Case Management Conference and Extend Time to Answer - 2
CASE NO. 15-cv-04873-HSG

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IT IS SO STIPULATED AND REQUESTED.

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Dated: January 13, 2016

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By: /s/ Richard A. Madsen, Jr.

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By: /s/ Wil Fong

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Richard A. Madsen, Jr., Esq.
Attorney at Law
Madsen Law Firm
551 Hartz Avenue, Ste. B
Danville, CA 94526
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

Wil Fong, Esq.
Deputy Attorney General
Office of the Attorney General
1515 Clay Street, 20th Floor
Oakland, CA 94612-0550
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

Attorney for Plaintiff
Natalie Sramek

Attorney for Defendant
California Highway Patrol

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PURSUANT TO STIPULATION, IT IS SO ORDERED EXCEPT THAT THE

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CASE MANAGEMENT CONFERENCE WILL BE HELD ON MAY 10, 2016.

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Dated: January 14, 2016

__________________________________
Honorable Haywood S. Gilliam, Jr.

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Stipulated Request to Move Initial Case Management Conference and Extend Time to Answer - 3
CASE NO. 15-cv-04873-HSG

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