Gary Martinovsky, et al v. County of Alameda et al

Filing 44

STIPULATED REQUEST TO EXTEND TIME TO RESPOND TO AMENDED COMPLAINT; ORDER APPROVING STIPULATION. Defendants will file and serve a response to the First Amended Complaint on or before July 25, 2016. Signed by Judge Maxine M. Chesney on July 6, 2016. (mmclc2, COURT STAFF) (Filed on 7/6/2016)

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Michael C. Wenzel, State Bar No. 215388
BERTRAND, FOX, ELLIOT, OSMAN & WENZEL
The Waterfront Building
2749 Hyde Street
San Francisco, California 94109
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
Attorneys for Defendants
COUNTY OF ALAMEDA NANCY E. O’MALLEY,
JOHN PAUL WILLIAMS and EDDIE BERMUDEZ

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GARY MARTINOVSKY, M.D., and
INTEGRATED PAIN CARE, INC.,
Plaintiffs,

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STIPULATED REQUEST TO EXTEND TIME TO
RESPOND TO AMENDED COMPLAINT; ORDER
APPROVING STIPULATION

v.

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Case No. 3:16-cv-00403-MMC

COUNTY OF ALAMEDA, DISTRICT
ATTORNEY NANCY E. O’MALLEY, in Her
Official and Individual Capacities, DA
INSPECTORS JOHN PAUL WILLIAMS and
EDDIE BERMUDEZ, CALIFORNIA
DEPARTMENT OF INSURANCE
DETECTIVE FERNANDO CUBANGBANG,
and DOES 1 to 20,

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Defendants.
Hon. Maxine M. Chesney

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STIPULATED REQUEST TO EXTEND TIME TO RESPOND TO AMENDED COMPLAINT
Case No.: 3:16-cv-00403-MMC

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Plaintiffs GARY MARTINOVSKY, M.D., and INTEGRATED PAIN CARE, INC., and

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Defendants COUNTY OF ALAMEDA, NANCY E. O’MALLEY, JOHN PAUL WILLIAMS, EDDIE

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BERMUDEZ, and FERNANDO CUBANGBANG, (hereinafter “Defendants,”) by and through their

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counsel of record, hereby represent to the Court as follows:

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WHEREAS, on January 22, 2016, Plaintiffs filed their Complaint in the above captioned action;

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WHEREAS, pursuant to an agreed-upon extension of time, on April 7, 2016, Defendants County

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of Alameda, Nancy E. O’Malley, John Paul Williams, and Eddie Bermudez (hereinafter “COUNTY

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Defendants,”) filed a Motion to Dismiss Plaintiffs’ Complaint and, in the alternative, Motion for a More

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Definite Statement;

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WHEREAS, pursuant to an agreed-upon extension of time, on April 8, 2016, Defendant

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Cubangbang filed a Motion to Dismiss Plaintiffs’ Complaint and, in the alternative, a Request to Stay the

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matter.

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WHEREAS, on May 20, 2016, a hearing on the Motions to Dismiss, Motion for a More Definite

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Statement, and Request to Stay was held, and as to Defendants’ Motions to Dismiss, the Motions were

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granted without leave to amend in part and with leave to amend in part.

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WHEREAS, Plaintiffs were given until June 24, 2016 to file a First Amended Complaint;

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WHEREAS, Plaintiffs’ First Amended Complaint in the above captioned action was filed and

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served on COUNTY Defendants on June 24, 2016, requiring a response date of July 8, 2016
WHEREAS, attorney for COUNTY Defendants, Michael C. Wenzel was on vacation from June
20, 2016 to June 27, 2016;

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WHEREAS, the Initial Case Management Conference is not scheduled until September 16, 2016;

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WHEREAS, a pre-trial diversion Order was entered in the underlying criminal proceedings

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related to this action, potentially impacting whether a brief stay may be appropriate in this action, which

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is not set to terminate prior to August 31, 2016;

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WHEREAS, extending the date for Defendants to respond to the First Amended Complaint will
not alter the date of any event or deadline already fixed by Court order;

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IT IS HEREBY STIPULATED AND AGREED, subject to court approval, by and between the

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undersigned counsel on behalf of the parties that Defendants will file and serve a response to the First
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STIPULATED REQUEST TO EXTEND TIME TO RESPOND TO AMENDED COMPLAINT
Case No.: 3:16-cv-00403-MMC

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Amended Complaint on or before July 25, 2016.
It is so stipulated and agreed.

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Dated: July 5, 2016

BERTRAND, FOX, ELLIOT, OSMAN & WENZEL

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By:

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/s/ Michael Wenzel
Michael C. Wenzel
Attorney for Defendants
COUNTY OF ALAMEDA NANCY E. O’MALLEY,
JOHN PAUL WILLIAMS and EDDIE BERMUDEZ

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Dated: July 1, 2016

THE LAW OFFICES OF JOHN BURTON

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By:

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/s/ John Burton
John Burton
Ariana R. M. Gebauer
Attorney for Plaintiffs

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GARY MARTINOVSKY, M.D., and INTEGRATED
PAIN CARE, INC.

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Dated: July 5, 2016

KAMALA D. HARRIS
Attorney General of California

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By:

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/s/ John Devine
John P. Devine
Supervising Deputy Attorney General
Attorney for Defendant
FERNANDO CUBANGBANG

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ATTORNEY ATTESTATION

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I hereby attest that I have on file all holograph signatures for any signatures indicated by a

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conformed signature (“/s/”) within this E-filed document or have been authorized by plaintiff’s counsel

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to show their signature on this document as /s/.

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Dated: July 5, 2016
By:

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/s/ Michael Wenzel
Michael C. Wenzel

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STIPULATED REQUEST TO EXTEND TIME TO RESPOND TO AMENDED COMPLAINT
Case No.: 3:16-cv-00403-MMC

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ORDER

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GOOD CAUSE APPEARING THEREFORE, and the parties’ having stipulated to the same, the

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parties’ stipulation is hereby APPROVED. Defendants will file and serve a response to the First

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Amended Complaint on or before July 25, 2016.

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IT IS SO ORDERED.

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Dated: July 6, 2016
MAXINE M. CHESNEY
United States District Judge

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STIPULATED REQUEST TO EXTEND TIME TO RESPOND TO AMENDED COMPLAINT
Case No.: 3:16-cv-00403-MMC