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

Filing 50

STIPULATION TO EXTEND TIME TO FILE OPPOSITIONS TO MOTIONS TO DISMISS AND TO CONTINUE HEARING; ORDER. (1) Plaintiffs shall file and serve their oppositions to defendants' pending motions to dismiss no later than August 22, 2016, and defend ants shall file and serve their replies by August 29, 2016. (2) The hearing on defendants' motions is continued to September 23, 2016, at 9:00 a.m. (3) The Initial Case Management Conference shall be held October 21, 2016, with the joint case management statement due on October 14, 2016. Signed by Judge Maxine M. Chesney on July 29, 2016. (mmclc2, COURT STAFF) (Filed on 7/29/2016)

1 John Burton, State Bar No. 86029
[e-mail]
2 THE LAW OFFICES OF JOHN BURTON
128 North Fair Oaks Avenue
3 Pasadena, California 91103
Telephone: [phone]/Fax: [phone]
4
Michael J. Haddad, State Bar No. 189114
5 [e-mail]
HADDAD & SHERWIN LLP
6 505 Seventeenth Street
Oakland, California 94612
7 Telephone: [phone]/Fax: [phone]
8 Attorneys for Plaintiffs Gary Martinovsky, M.D., and
Integrated Pain Care, Inc.
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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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v.

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STIPULATION TO EXTEND TIME
TO FILE OPPOSITIONS TO
MOTIONS TO DISMISS AND TO
CONTINUE HEARING; ORDER

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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Case No. 3:16-CV-403 MMC

Defendants.

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The parties hereto, through their respective attorneys of record, hereby stipulate

28 and agree, should the Court find it appropriate and convenient, as follows:

1

On January 22, 2016, Plaintiffs filed their Complaint in the above captioned

2 action;
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Pursuant to an agreed-upon extension of time, on April 7, 2016, Defendants

4 County of Alameda, Nancy E. O’Malley, John Paul Williams, and Eddie Bermudez (the
5 “County Defendants”) filed a Motion to Dismiss Plaintiffs’ Complaint and, in the
6 alternative, Motion for a More Definite Statement; and on April 8, 2016, Defendant
7 Cubangbang filed a Motion to Dismiss Plaintiffs’ Complaint and, in the alternative, a
8 Request to Stay the matter. Plaintiffs timely filed oppositions.
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On May 20, 2016, the Court heard oral argument on Defendants’ motions, and

10 issued an order with various rulings, and granted Plaintiffs leave to file an amended
11 complaint no later than June 24, 2016.
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Plaintiffs timely filed the First Amended Complaint, requiring Defendants’ to

13 respond by July 8, 2016. That date was continued by stipulation and order to July 25,
14 2016. Defendants timely filed motions to dismiss and for other relief, with a hearing set
15 for September 9, 2016.
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The Initial Case Management Conference is scheduled for September 16, 2016,

17 with the joint case management statement due on September 9, 2016.
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Counsel for Plaintiffs have requested, and Counsel for Defendants have agreed,

19 to a two-week continuance of all dates. The reason is that under the current schedule
20 Plaintiffs’ responses are due on August 8, 2016. John Burton, lead counsel for Plaintiff,
21 has a pre-paid vacation out of state for July 30 through August 10.
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A pre-trial diversion Order was entered in the underlying criminal proceedings

23 related to this action, potentially impacting whether a brief stay may be appropriate in
24 this action, which is set to expire at some time between August 31 and September 29,
25 2016. Accordingly, the continued dates for hearing on the motions and the Initial Case
26 Management Conference will likely fall after the criminal case is terminated, mooting
27 any abstention issues.
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1

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

2 and between the undersigned counsel on behalf of the parties that:
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1.

Plaintiffs file and serve their oppositions to Defendants’ pending motions

4 to dismiss and for other relief no later than August 22, 2016, and Defendants file and
5 serve their replies by August 29, 2016.
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2.

The hearing on Defendants’ Motions (Docket Nos. 46, 47 and 48), be set

7 for September 23, 2016, at 10:00 a.m.
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3.

The Initial Case Management Conference be set for October 7, 2016, with

9 the joint case management statement due on September 30, 2016.
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It is so stipulated and agreed.

11 Dated: July 27, 2016
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THE LAW OFFICES OF JOHN BURTON
HADDAD & SHERWIN
By:

/S/ John Burton

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John Burton
Attorneys for Plaintiffs

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KAMALA D. HARRIS
Attorney General of California

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By:

/S/ John P. Devine

John P. Devine
Supervising Deputy Attorney General
Attorneys for Defendant Fernando Cubangbang
BERTRAND, FOX, ELLIOT, OSMAN & WENZEL
By:

/S/ Michael C. Wenzel

Michael C. Wenzel
Attorneys for County Defendants

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1

ATTORNEY ATTESTATION

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

3 conformed signature (“/S/”) within this E-filed document or have been authorized by
4 counsel to show their signature on this document as /S/.
5 Dated: July 27, 2016
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By:

/S/ John Burton
John Burton
Counsel For Plaintiffs

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ORDER
GOOD CAUSE APPEARING THEREFORE, and the parties’ having stipulated

11 to the same, the parties’ stipulation is hereby APPROVED.
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1.

Plaintiffs shall file and serve their oppositions to Defendants’ pending

13 motions to dismiss and for other relief no later than August 22, 2016, and Defendants
14 shall file and serve their replies by August 29, 2016.
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2.

The hearing on Defendants’ Motions (Docket Nos. 46, 47 and 48), shall
9:00

16 on September 23, 2016, at 10:00 a.m.
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3.

^

October 21, 2016

The Initial Case Management Conference shall be held September 30,
^
October 14, 2016

18 2016, with the joint case management statement due on September 23, 2016.
^

19 IT IS SO ORDERED.
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21 Dated: July 29, 2016
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_______________________________
United States District Judge

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