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

Filing 71

STIPULATION AND ORDER RE 69 FOR LEAVE TO FILE THIRD AMENDED COMPLAINT. Signed by Judge Richard Seeborg on 2/2/17. (cl, COURT STAFF) (Filed on 2/2/2017)

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]
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7 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION
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FABIO PETROLINO; M.P., a minor,
12 through her guardian ad litem, Ana
Petrolino; ANDRELINA SILVA;
13 ANGELA PETROLINO; and ALEX
PETROLINO,
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Plaintiffs,
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v.
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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.
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Case No. 16-cv-2946-RS
STIPULATION AND [PROPOSED]
ORDER FOR LEAVE TO FILE THIRD
AMENDED COMPLAINT
Judge: Hon. Richard Seeborg
Trial Date: February 26, 2018

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16-cv-2946-RS
STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE THIRD AMENDED COMPLAINT

STIPULATION

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WHEREAS, Plaintiffs have discovered the true identities of Defendants DOE 3 and

3 DOE 4 through review of documents produced by Defendant City and County of San
4 Francisco in mid-December 2016, and seek to amend the Second Amended Complaint to
5 substitute Sheriff’s Deputy Kevin O’Shea into the action in place of DOE 3 and Sheriff’s
6 Deputy Andrew Martinez into the action in place of DOE 4;
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WHEREAS, Plaintiffs have agreed to dismiss all claims brought against

8 Defendants Roel Lapitan, Mary Lefevre, and Raphroger Gonzaga with prejudice, with all
9 parties to bear their own attorneys’ fees and costs with regard to claims against Roel
10 Lapitan, Mary Lefevre, and Raphroger Gonzaga;
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WHEREAS, Plaintiffs’ filing of an amended complaint will not delay compliance

12 with any of the case management deadlines set by the Court;
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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties

14 hereto through their respective counsel of record that Plaintiffs may, pursuant to Rule
15 15(a)(2) of the Federal Rules of Civil Procedure, file an amended complaint in the form of
16 the Third Amended Complaint attached hereto as Exhibit A.
17

IT IS SO STIPULATED.

18

Respectfully submitted,

19 DATED: January 30, 2017
20

ROSEN BIEN GALVAN & GRUNFELD LLP

21

By: /s/ Benjamin Bien-Kahn
Benjamin Bien-Kahn
Attorney for Plaintiffs

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STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE THIRD AMENDED COMPLAINT

1 DATED: January 30, 2017
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By: /s/ Mark D. Lipton
Mark D. Lipton
Deputy City Attorney
Attorneys for Defendants City and County of
San Francisco, Eve Zeff, Roel Lapitan,
Raphroger Gonzaga, Michael Mohn, Rudy
Zamora, Kevin O’Shea, and Andrew Martinez

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9

DENNIS J. HERRERA
City Attorney
CHERYL ADAMS
Chief Trial Deputy

DATED: January 30, 2017

GORDON & REES LLP

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By: /s/ Kathleen M. Rhoads
Kathleen M. Rhoads
Attorneys for Defendants HealthRight 360, a
California nonprofit, Lauren Erickson, Mary
Lefevre, and Nick Crispino

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15 DATED: January 30, 2017
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By: /s/ Micah C.E. Osgood
Micah C.E. Osgood
Deputy Attorney General
Attorneys for Defendant Daniel Mitchell

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ECF Attestation

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22

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

I, Benjamin Bien-Kahn, attest that concurrence in the e-filing of this document has

23 been received from the above signatories, in compliance with Civil Local Rule 5-1(i)(3).
24 DATED: January 30, 2017
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By: /s/ Benjamin Bien-Kahn
Benjamin Bien-Kahn

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16-cv-2946-RS
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STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE THIRD AMENDED COMPLAINT

[PROPOSED] ORDER

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Based on the written stipulation of the parties and good cause appearing, Plaintiff

3 may file an amended complaint in the form the Third Amended Complaint, attached hereto
4 as Exhibit A.
5

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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2/2
7 DATED: _______________, 2017

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The Honorable Richard Seeborg
United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE THIRD AMENDED COMPLAINT