Petrolino, et al v. City and County San Francisco, et al

Filing 41

STIPULATION AND ORDER to Extend Time to File Response and Reply Briefs and to Continue Hearing on Defendant Mitchell's Motion to Dismiss. Signed by Judge Richard Seeborg on 9/1/16. (cl, COURT STAFF) (Filed on 9/1/2016)

1 JEFFREY L. BORNSTEIN – 099358
ERNEST GALVAN – 196065
2 BENJAMIN BIEN-KAHN – 267933
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]
6
7 Attorneys for Plaintiffs
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION
10
11
FABIO PETROLINO; M.P., a minor,
12 through her guardian ad litem, Ana
Petrolino; ANDRELINA SILVA;
13 ANGELA PETROLINO; and ALEX
PETROLINO,
14
Plaintiffs,
15
v.
16
CITY AND COUNTY OF SAN
17 FRANCISCO, a municipal corporation;
EVE ZEFF, ROEL LAPITAN and
18 RAPHROGER GONZAGA, Registered
Nurses, San Francisco Department of
19 Public Health; MICHAEL MOHN and
RUDY ZAMORA, Sheriff’s Deputies, San
20 Francisco Sheriff’s Department;
HEALTHRIGHT360, a California not-for21 profit corporation; LAUREN ERICKSON,
Mental Health Provider, HealthRight360;
22 MARY LEFEVRE, Marriage and Family
Therapist, HealthRight360; NICK
23 CRISPINO, Associate Social Worker,
HealthRight360; DANIEL MITCHELL,
24 Officer, California Highway Patrol; and
DOES 1 through 50, inclusive,
25
Defendants.
26

Case No. 16-cv-2946-RS
JOINT STIPULATION TO EXTEND
TIME TO FILE RESPONSE AND
REPLY BRIEFS AND TO CONTINUE
HEARING ON DEFENDANT DANIEL
MITCHELL’S MOTION TO DISMISS;
AND [PROPOSED] ORDER
Judge: Hon. Richard Seeborg

27
28
[3035611-1]

16-cv-2946-RS
JOINT STIP TO EXTEND TIME TO FILE RESPONSE AND REPLY BRIEFS AND TO CONTINUE HEARING ON
DEF MITCHELL’S MOTION TO DISMISS; AND [PROPOSED] ORDER

1

Pursuant to Civil Local Rules 6-1(b), 6-2 and 7-12, Plaintiffs FABIO PETROLINO;

2 M.P., a minor, through her guardian ad litem, Ana Petrolino; ANDRELINA SILVA;
3 ANGELA PETROLINO; and ALEX PETROLINO (collectively, “Plaintiffs”) and
4 Defendant DANIEL MITCHELL (“Defendant Mitchell”) hereby jointly stipulate and
5 agree to extend the time to file a response to Defendant Mitchell’s Motion to Dismiss (Dkt.
6 30) from September 7, 2016 to September 22, 2016; to extend the time to file a reply in
7 support of the Motion to Dismiss from September 14, 2016 to October 6, 2016; and to
8 continue the hearing on the Motion to Dismiss from September 29, 2016 to October 27,
9 2016 at 1:30 pm in Courtroom 3, 17th Floor, San Francisco Courthouse.
10

Plaintiffs and Defendant Mitchell also jointly stipulate and agree that Plaintiffs will

11 not seek any discovery from Defendant Mitchell until after the Court enters an Order
12 resolving Defendant Mitchell’s Motion to Dismiss, except that Defendant Mitchell shall
13 serve initial disclosures pursuant to Fed. R. Civ. Proc. 26(a)(1) and produce disclosable
14 documents already collected by Defendant Mitchell’s counsel on September 9, 2016, as
15 previously agreed by the parties at the Fed. R. Civ. Proc. 26(f) conference.
16

The parties stipulate to and jointly request this extension to allow for sufficient time

17 for Plaintiffs to adequately brief their response to the Motion to Dismiss, and to provide
18 Defendant Mitchell additional time to prepare a reply to Plaintiffs’ response. This is the
19 first request for an extension of time related to this motion, and Plaintiffs’ and Defendant
20 Mitchell’s first request for an extension in the matter as a whole.
21

The proposed time modification would impact the case deadlines as follows:

22

Deadline

Current Date

Requested Date

23

Response to Motion to Dismiss

September 7, 2016

September 22, 2016

24

Reply in Support of Motion to
Dismiss

September 14, 2016

October 6, 2016

Hearing on Motion to Dismiss

September 29, 2016

October 27, 2016

25
26
27
28
[3035611-1]

16-cv-2946-RS
1
JOINT STIP TO EXTEND TIME TO FILE RESPONSE AND REPLY BRIEFS AND TO CONTINUE HEARING ON
DEF MITCHELL’S MOTION TO DISMISS; AND [PROPOSED] ORDER

1

The extension of time will not affect any other deadlines set by the Court.

2
3 DATED: September 1, 2016

Respectfully submitted,

4

ROSEN BIEN GALVAN & GRUNFELD LLP

5
6
7

By: /s/ Benjamin Bien-Kahn
Benjamin Bien-Kahn

8

Attorneys for Plaintiffs

9
10

DATED: September 1, 2016

Respectfully submitted,
KAMALA D. HARRIS
Attorney General of California
JOHN P. DEVINE
Supervising Deputy Attorney General

11
12
13
14

16

By: /s/ Micah C.E. Osgood
Micah C. E. Osgood
Deputy Attorney General

17

Attorneys for Defendant Officer D. Mitchell

15

18
ECF Attestation

19
20
21

I, Benjamin Bien-Kahn, attest that concurrence in the e-filing of this document has
been received on behalf of the above signatories, in compliance with Civil L.R. 5-1(i)(3).

22
23

DATED: September 1, 2016

24
25

By: /s/ Benjamin Bien-Kahn
Benjamin Bien-Kahn

26
27
28
[3035611-1]

16-cv-2946-RS
2
JOINT STIP TO EXTEND TIME TO FILE RESPONSE AND REPLY BRIEFS AND TO CONTINUE HEARING ON
DEF MITCHELL’S MOTION TO DISMISS; AND [PROPOSED] ORDER

[PROPOSED] ORDER

1
2

PURSUANT TO THE FOREGOING STIPULATION OF THE PARTIES, IT

3 IS SO ORDERED THAT:
4

1.

The deadline to file a response to Defendant Mitchell’s Motion to Dismiss is

5 extended from September 7, 2016 to September 22, 2016;
6

2.

The deadline to file a reply in support of Defendant Mitchell’s Motion to

7 Dismiss is extended from September 14, 2016, to October 6, 2016;
8

3.

The hearing on Defendant Mitchell’s Motion to Dismiss is continued from

9 September 29, 2016 to October 27, 2016, at 1:30 pm in Courtroom 3, 17th Floor, San
10 Francisco Courthouse;
11

4.

Plaintiffs will not seek any discovery from Defendant Mitchell until after the

12 Court enters an Order resolving Defendant Mitchell’s Motion to Dismiss; and
13

5.

Defendant Mitchell will serve initial disclosures pursuant to Fed. R. Civ.

14 Proc. 26(a)(1) and produce disclosable documents already collected by Defendant
15 Mitchell’s counsel on September 9, 2016, as previously agreed by the parties at the Fed. R.
16 Civ. Proc. 26(f) conference.
17
9/1
18 DATED: ___________, 2016

19
20
21

The Honorable Richard Seeborg
United States District Court Judge

22
23
24
25
26
27
28
[3035611-1]

16-cv-2946-RS
3
JOINT STIP TO EXTEND TIME TO FILE RESPONSE AND REPLY BRIEFS AND TO CONTINUE HEARING ON
DEF MITCHELL’S MOTION TO DISMISS; AND [PROPOSED] ORDER