Anakin v. Contra Costa Regional Medical Center et al

Filing 19

ORDER by Magistrate Judge Maria-Elena James granting in part and denying in part 18 Stipulation.(rmm2S, COURT STAFF) (Filed on 3/3/2016)

Mark W. Kelsey (SB#295818)

1 Law Offices of Mark W. Kelsey
2 877 Ygnacio Valley Road, Ste. 208
Walnut Creek, CA 94596

3 (ph) 925.476.5761; (fax) 925.476.5771
[e-mail]

4 Attorney for Plaintiff
5

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

Law Offices of Mark W. Kelsey
877 Ygnacio Valley Rd, Ste. 208 Walnut Creek, CA 94596
(ph) 925.476.5761; (fax) 925.476.5771

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9 YURIY ANAKIN,
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Plaintiff,

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STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME TO
RESPOND TO MOTION TO DISMISS

vs.

13 *CONTRA COSTA REGIONAL MEDICAL
14

Case No. C16-00161 MEJ

[CIVIL L.R. 6-1(b), 6-2(a), 7-12]

CENTER,
*JOHN DOES NUMBERS 1 THROUGH 10,
*CENTRAL MEDICAL LABORATORY (A

16 CALIFORNIA CORPORATION),

CRTRM: B, 15TH Floor
Judge: Hon. Maria-Elena James, Presiding
Date Action Filed: January 11, 2016
Trial Date: None Assigned

17 *PHLEBOTOMIST JONATHAN YOUNG,
18 *C.H.P OFFICERS LUCAS EATCHEL
(#19535) AND J. JACKSON (#19151), IN

19 THEIR INDIVIDUAL CAPACITIES, AND
20 *CONTRA COSTA COUNTY SHERIFF’S
DEPUTY W. ARMSTRONG (#73440), IN

21 HIS INDIVIDUAL CAPACITY,
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Defendants.

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Pursuant to Civil Local Rules 6-1(b), 6-2(a), and 7-12, Plaintiff YUIRY ANAKIN, by and

26 through his attorney of record, Mark W. Kelsey, and Defendants CONTRA COSTA COUNTY
27 and DEPUTY W. ARMSTRONG (“Defendants”), by and through their attorney of record, Deputy
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STIPULATION TO EXTEND TIME TO RESPOND TO MOTION TO DISMISS - Case No. C16-00161 MEJ

1 County Counsel Nima E. Sohi of the Contra Costa County Counsel’s Office, hereby stipulate to an
2 extension of time for Plaintiff YUIRY ANAKIN to file a response to Defendants’ Motion to
3 Dismiss, filed on February 19, 2016 (ECF Doc. No. 11).
4

RECITALS

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1.

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On January 11, 2016, Plaintiff filed a complaint alleging violations of his civil
rights pursuant to 42 U.S.C. §§ 1983. See ECF Doc. No. 1.

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2.

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On February 2, 2016, a stipulation to extend time for Defendants to respond to the
complaint was filed by Plaintiff at Defendants’ request. See ECF Doc. No. 9.

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3.

On February 19, 2016, Defendants Contra Costa County (sued as Contra Costa

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Regional Medical Center) and Deputy W. Armstrong filed a Motion to Dismiss All

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Claims pursuant to FRCP 12(b)(6), and a Motion to Strike pursuant to FRCP 12(f).

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See ECF Doc. No. 11.

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4.

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Pursuant to this Court’s local rules, the deadline for Plaintiff to respond to the
Motion to Dismiss is March 4, 2016.

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5.

Defendants noticed the date for Hearing on the Motion to Dismiss for March 31,

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2016; the undersigned parties agree that this date should not be affected by the

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instant stipulation.

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6.

This Court’s Initial Case Management Scheduling Order set the date for the initial

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case management conference on April 21, 2016; the undersigned parties agree that

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this date should not be affected by the instant stipulation. See ECF Doc. No. 4.

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STIPULATION

Offices of Mark W. Kelsey
ley Rd, Ste. 208 Walnut Creek, CA 94596
5.476.5761; (fax) 925.476.5771

22

The undersigned parties hereby agree and stipulate that the time for Plaintiff to respond to

23 Defendants’ Motion to Dismiss (ECF Doc. No. 11) should be extended by one week to March 11,
24 2016, and that Defendants’ time to file a Reply to Plaintiff’s Response should accordingly be
25 extended by one week, to March 18, 2016. Hearing on the Motion shall proceed as scheduled on
April 7, 2016 at 10:00 a.m.

26 March 31, 2016.
27 //
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STIPULATION TO EXTEND TIME TO RESPOND TO MOTION TO DISMISS - Case No. C16-00161 MEJ

1

IT IS SO STIPULATED.

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3
4 DATED: March 2, 2016
5

LAW OFFICES OF MARK W. KELSEY
By:

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/s/
Mark W. Kelsey
MARK W. KELSEY
Attorney for Plaintiff

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8
9 DATED: March 2, 2016

SHARON L. ANDERSON
COUNTY COUNSEL

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By:

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/s/
Nima E. Sohi
NIMA E. SOHI
Deputy County Counsel
Attorneys for Defendants
CONTRA COSTA COUNTY and DEPUTY W.
ARMSTRONG

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15

ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
The hearing on the Motion is extended to April 7, 2016 at 10:00 a.m.

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Law Offices of Mark W. Kelsey
877 Ygnacio Valley Rd, Ste. 208 Walnut Creek, CA 94596
(ph) 925.476.5761; (fax) 925.476.5771

March 3, 2016
19 DATED: _________________________

20

_________________________
Hon. Maria-Elena James
United States Magistrate Judge

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STIPULATION TO EXTEND TIME TO RESPOND TO MOTION TO DISMISS - Case No. C16-00161 MEJ