Mazzaferro v. Parisi et al

Filing 101

Order by Hon. William Alsup granting 100 Stipulation.(whalc1, COURT STAFF) (Filed on 7/21/2017)

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BRUCE D. GOLDSTEIN #135970
County Counsel
JOSHUA A. MYERS #250988
Deputy County Counsel
County of Sonoma
575 Administration Drive, Room 105A
Santa Rosa, California 95403
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendants
Ken Johnson and Spencer Crum

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No. CV-16-5641-WA

RONALD MAZZAFERRO,

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STIPULATION AND PROPOSED
ORDER EXTENDING DEADLINE FOR
SONOMA COUNTY DEFENDANTS TO
RESPOND TO PLAINTIFF’S FOURTH
AMENDED COMPLAINT

Plaintiff,

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vs.

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WILLIAM PARISI, et al.,

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Defendants.

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/

Defendants Ken Johnson, Spencer Crum, Bruce D. Goldstein, and Joshua A.

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Myers (hereinafter “Sonoma County Defendants”), and Plaintiff Ronald Mazzaferro

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(collectively, the “parties”) hereby stipulate that the Sonoma County Defendants may file

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their response to Plaintiff’s fourth amended complaint on or before August 10, 2017.

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Pursuant to Local Rule 6-1(a), the parties believe that no court order is necessary

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for this stipulation because it only involves extending the time for the Sonoma County

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Defendants to respond to Plaintiff’s fourth amended complaint and such an extension of

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time will not affect any events or deadlines already fixed by the court.

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In an abundance of caution, however, the parties have included a proposed order

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regarding this stipulation in the event the Court determines that this request is more

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properly governed by Local Rule 6-1(b).

Stip & Proposed Order re Ext of Time

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CV-16-5641-WA

BACKGROUND FOR STIPULATION

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On or about July 7, 2017, the Court entered an Order entitled “Order Denying

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Motion to Dismiss, Granting Motion for a More Definite Statement, and Vacating

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Hearing.” (Dkt. #92.) In that Order, the Court ordered Plaintiff to file a fourth amended

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complaint by July 20, 2017, at noon. (Id., at pg. 4, lines 12-13.) If Plaintiff files a fourth

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amended complaint by noon on July 20, 2017, and if the fourth amended complaint

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alleges causes of action against any of the Sonoma County Defendants, then their

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response would be due on or about August 3, 2017, or 14 days after Plaintiff files his

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fourth amended complaint. (FRCP, Rule 15(a)(3).)

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Undersigned counsel for Defendants Ken Johnson and Spencer Crum has a pre-

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planned vacation from July 20, 2017 through July 31, 2017. Counsel will not return to

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his office until August 1, 2017. Counsel will likely not have sufficient time to prepare a

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response to Plaintiff’s fourth amended complaint by August 3, 2017, assuming Plaintiff

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continues to make claims against the Sonoma County Defendants.
STIPULATION

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Therefore, pursuant to Local Rule 6-1(a), the parties stipulate and agree that if

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Plaintiff files a fourth amended complaint by noon on July 20, 2017, and if that fourth

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amended complaint raises claims against any or all of the Sonoma County Defendants,

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then the Sonoma County Defendants will have up to and including August 10, 2017, to

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file and serve a response to Plaintiff’s fourth amended complaint. Pursuant to Local Rule

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5-1(i)(3), Plaintiff has given counsel for Defendants Ken Johnson and Spencer Crum

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permission to file this document which indicates his concurrence in the filing. Counsel

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for Defendants Ken Johnson and Spencer Crum and Plaintiff believe this extension of

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time will not affect any court events or deadlines.

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Pursuant to Local Rule 6-1(b), the parties request the Court enter the following

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proposed order approving this stipulation if the Court believes a court order approving

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this stipulation is necessary.

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Stip & Proposed Order re Ext of Time

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CV-16-5641-WA

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Dated: July 18, 2017

BRUCE D. GOLDSTEIN, County Counsel

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By: /s/ Joshua A. Myers
Joshua A. Myers
Deputy County Counsel
Attorneys for Defendants
Ken Johnson & Spencer Crum

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Dated: July 18, 2017
_____/s/___________________
Ronald Mazzaferro, in pro per

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*******

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PURSUANT TO STIPULATION, IT IS SO ORDERED

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July 21
Dated: _____________, 2017.

_____________________________
Hon. William Alsup
United States District Judge

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Stip & Proposed Order re Ext of Time

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CV-16-5641-WA